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PDF Editor FAQ

In July, I had a heart attack and now I need follow up surgery. My job said I’ve already used up all my time off and they will terminate me if I have surgery. Is this legal in Michigan?

I am sorry you are having serious health problems. Unfortunately, in the US we have very few protections in situations like this. Your employer may or may not be obligated to follow FMLA, depending on its size. If it is required to follow FMLA then that is 12 weeks you can take off without pay per year. Here is information about how the FMLA works in Michigan (which looks to just follow the federal law) Family and Medical Leave in Michigan. Only employers that had at least 50 employees for at least 20 weeks of the year have to follow FMLA. Then you have to be eligible. That means:Employed at the company for at least a yearWorked at least 1,250 hours during the previous yearWorked at a location with at least 50 employees in a 75 mile radiusHave a qualifying issue (your health problems sound like they fit there).Assuming you and your employer qualify for FMLA, once you use up the time, your employer may terminate your employment. If you do not qualify for FMLA and you cannot work, your employer may terminate your employment for too many absences due to health problems.I suggest you determine if your company must follow FMLA. If your company has a handbook with a leave policy, then you can seek to hold your company to it, so you will want to look at that too.The only way you can get a definitive answer to your question is to speak to an employment lawyer in Michigan. You can provide details about your employer and your background to help the attorney determine whether your employer is required to follow FMLA or some other policy your employer has on the books.You can ask your company about FMLA. If it has to follow that law you will need to get the correct forms from your employer and have your doctor(s) complete them.

What are the workplace rights of a person suffering from depression?

I will preface my response by saying that I’m not an expert on disability law or any other legal topic. In my experience as a psychologist in America, employees are protected against termination if they are seeking help for depression or any other mental health concern. Mental health concerns are supposed to be treated like any other medical conditions. If I have a patient who needs time off from his or her job due to a mental health condition, he or she is supposed to consult with the Human Resources department to take a leave of absence. I then complete the paperwork for the HR department and for short-term disability insurance if the patient has that. I will often request 4–8 weeks off depending on the severity of the condition. In an ideal world, HR is not supposed to inform the employee’s manager or supervisor as to the medical condition requiring leave. This is to preserve privacy.In practice, it is much easier and safer to take a leave of absence from a large company, as they are likely to have a good HR department. I’m not even sure if companies of all sizes are required to give leaves of absence under the Family Medical Leave Act (FMLA). Sometimes there are exemptions in the law for small companies.As I noted earlier, the law forbids being fired for taking such a leave; however, if an employer really wants to fire someone for taking time off, they can likely find an excuse to do so.

Is a mental health Intensive Outpatient Program (IOP) protected under the ADA or can someone lose their job if it interferes with work hours?

The alphabet soup you’re looking for is FMLA. The Family and Medical Leave Act would certainly cover the absence required of a daily outpatient program.You would need to complete the requisite paperwork and return the certificate of medical necessity to your employer, provided your employer is of a size that it is bound by the requirements of the FMLA. If you are able to do some work while attending this program ( perhaps a modified schedule or work from home) you may be able to limit the interruption to your employer and better protect your own position. You would want to run that by your mental health professional first, before offering that up to your employer.

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