I have several permanent conditions ie: Type I Diabetes, OCD and generalized anxiety disorder, on occasion there are flares that require that I call in to work. My employer provided me with the WH 360 E form to be completed by my physician. My physician c

HR department provided me with WH 360 E form, my physician completed form in detail for intermittent leave due to flare up of my illness. Insurance carrier denied my FMLA request as they state I did not have their form completed. I am new to this process and was not aware that the physician would need to complete an additional form requesting the same info as the WH 360. My illness is recognized by ADA, and WH 360 form completed, is this denial legit? I called insurance carrier, they emailed their form and it is identical to the WH 360 which they have in their possession. I took one day off on 1/25/2020 and I am now worried that due to this denial I can be fired. Not sure how to proceed.

1 answer  |  asked Feb 1, 2020 06:31 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Complete and submit all forms timely as requested. If in doubt, always check with human resources. Keep records of who and when you speak with and what you discuss at human resources. Potential claims rely on documentation, telephone conferences, emails, texts so keep all.

The ADA does not recognize any named illnesses (i.e. diabetes) or conditions (i.e. anxiety or very poor vision) as disabilities. Many employees suffer with such illnesses or conditions but are not disabled when they follow doctors' orders, take medication, wear corrective eyewear, etc.... As an example, a diabetic person, insulin dependent, medically compliant, may never require an accommodation under either federal or state laws and therefore, in the workplace, they do not have a disability UNLESS their employer regards or perceives them as disabled, which happens infrequently, and would be illegal.

New York State's Executive Law is broader than federal law and your combination of ailments might be more protected under our state's laws. Have you requested accommodations with human resources? Engaged in the interactive process? Asked your doctor for suggestions of what you might need to help you perform the essential functions of your job?

If you require accommodations for one or more disabilities, engage in the interactive process. If you are uncertain what that is, retain an employment lawyer to help you do so. Unexcused absences may be construed as job abandonment, no call, no show, or insubordination which might disqualify you from unemployment benefits were you terminated.

posted by V Jonas Urba  |  Feb 1, 2020 07:37 AM [EST]

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