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Re: Kinda worried Mark H.

Posted by Mark H. on September 12, 2000, at 20:43:05

In reply to Re: Kinda worried Mark H., posted by Snowie on September 12, 2000, at 20:13:30

Hi Snowie,

That's good to know about the Family Medical Leave Act; thank you for sharing the information.

However, I was referring to state disability (SDI), which is a mandatory payroll deduction in California, and is an insurance fund that pays according to your salary beginning the second week of being unable to work for medical reasons, WHETHER OR NOT you have any vacation time or sick leave that could cover your lost time.

For instance, my wife has ulcers and just took three weeks off to try to heal them on her own (under her doctor's care, of course), in order to avoid expensive surgery that would put her down for an even longer period of time. SDI paid her $490 a week for two of those three weeks, which helped to cover a $500+ bill from the hospital for the scoping she had last month to find the problem.

That coverage would have covered her being out of work for up to 52 weeks. Obtaining the benefits was painless and straightforward.

Also, with regard to the rights of the mentally and physically disabled, I was referring to ADA (the Americans with Disabilities Act), which is unrelated to the Family Medical Leave Act, and provides a basis in federal law for non-discrimination on the part of employers.

Yes, some employers can and will cheat and be dishonest, but over time they are likely to show a pattern of such abuse. With each abuse comes greater likelihood that the next person whose rights they trample will obtain a successful ruling against them.

Giving employers the benefit of the doubt in a way that also makes it clear that you are familiar with your rights is one way of protecting yourself. Will it always work? Of course not. Neither will "hiding" your disability and lying awake at night worrying that you're about to get fired because you simply cannot tell objectively how much your depression is affecting your performance.

Personally, I've tried it both ways. There are risks in any approach. Openness is the one that works best for me. Each person, however, has to decide what the best approach is in his/her specific situation.

By the way, I love your sound and generous paralegal advice, Snowie, and it feels great to know that you're willing to look things up and offer links and references to help us out. You're the best!

Many thanks,

Mark H.


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