• H&R Moderators: VerbalTruist | cdin | Lil'LinaptkSix

Treatment Does the Americans with disabilities act protect you if you need to go inpatient for two weeks?

And to the OP, I would never mention anything to my employer about being bipolar. There are still a great number of people in the US (assuming you’re in the US) who don’t understand what BPD actually is, and think everyone with bipolar disorder is capable of massacring people (because that’s all they hear about on the news).

In my experience, your employer won’t have any idea you’ve been detained in a mental health facility, so long as that facIlity is connected to an actual hospital. Upon discharge, you’ll get a letter simply stating to excuse you from work due to a medical emergency. Said letter doesn’t say anything in regards to what specific emergency you had. So you can basically just tell your employer you had a “medical emergency” and that’s it.

I would not go the ADA route, especially if you haven’t been officially designated as disabled. I also wouldn’t go the FMLA route, especially if you’ve just recently been hired.

I would simply call your employer from the hospital, say you have a medical emergency, then tell them it might be a week or so until you’re able to be discharged / return to work. And leave it at that.

I’m not sure what your HR policies are, but I’m rather certain they can’t fire you for a medical emergency, nor pry into the exact reason behind said emergency.
If you don't file under the FMLA and you have to be not at work, they absolutely can fire you for a medical emergency.

And since you're telling them it was a medical emergency, they can basically force you to tell them what it was. HIPAA does not apply to your employer. It does restrict your employer from giving anyone else Your health care information.
 
If you don't file under the FMLA and you have to be not at work, they absolutely can fire you for a medical emergency.

And since you're telling them it was a medical emergency, they can basically force you to tell them what it was. HIPAA does not apply to your employer. It does restrict your employer from giving anyone else Your health care information.
They can, but a lot of companies have SOPs with that in it or at least that I worked for. Just this companies SOP on attendance is a case by case basis approach and it’s a national company which strikes me as odd but I think if I talk to my boss beforehand and explain it is a new thing and I wasn’t expecting it.

Which is true i didn’t think I had bipolar disorder until recently. I figure if I explain then hey are likely to work with me because they for one have a very hard time getting bodies.

As far as questions pre hire, again, I didn’t start getting treatment for bipolar disorder until the same time about I was hired maybe after.

And also it says you can decline to answer. I understand at will states but most companies still have SOP that covers it. Just this one doesn’t.
 
So I spilled all about bipolar disorder to who I report to and surprisingly they told me finish out the rest the week and then next week take off and get my meds strait. And they asked me if I would actually go inpatient if they gave me the time off and I said yes. But they aren’t asking for me to bring back proof. Just giving me the time off work.

I am thinking I could get away with and I do mean get treatment as well with this but was thinking I could just do partial hospitalization. Just my wife will throw a fit if I leave her at home by herself and let’s be honest too about how much inpatient sucks ass. Staying with ppl you don’t know or may not care to know. Sharing a room with someone that has sleep apnea or is just dirty or disrespectful.

Never know what you’re going to get but then I guess that’s the entertaining part.

Still, I kinda feel bad about not going. Here they are being extremely supportive and I’m just doing outpatient but what does it really matter as long as I’m getting treatment right?
 
Still, I kinda feel bad about not going. Here they are being extremely supportive and I’m just doing outpatient but what does it really matter as long as I’m getting treatment right?

Are you asking, like morally?

Because if I were your boss I would want you to do what's best for you and for your ability to provide for your girl. I tend to feel that this is one of those situations where honesty is NOT your friend. Hang in there Bro!
 
If you don't file under the FMLA and you have to be not at work, they absolutely can fire you for a medical emergency.

And since you're telling them it was a medical emergency, they can basically force you to tell them what it was. HIPAA does not apply to your employer. It does restrict your employer from giving anyone else Your health care information.
Whether one files for leave under FMLA or ADA or any other employer-specific policy never guarantees one's job is protected 100%. FMLA, by the way, requires the establishment of a Serious Health Condition. An overnight/admission to any type of hospital care would automatically qualify under these rules. Moreover, a health care professional need not provide - and Employers are not allowed to ask for - any more detail than is necessary to establish that a Serious Health Condition exists.

Outside of FMLA, if one is seeking leave as accommodation, an employee merely needs to advise Employer (usually HR vs. direct manager) of the need for leave due to a medical condition. Either a designated person/team from HR will provide paperwork to employee for health care provider to complete that asks for general information - again - defaulting to "employee will be hospitalized from x date to x date, or, even if they write out specifically something like "attending mental health out/in patient treatment program" is still fairly vague but helps establish the medical necessity of the employee not being able to be at work.

In these two instances, HR has very strict rules about disclosing any information regarding the employees' health or medial condition. Could an HR person tell the mananger? Of course. This would open the employer up to major legal liability not to mention probably cost that HR person his or her job.

And, neither of these workplace laws create a complete shield from punishment at work. If you fail to call in, disobey other rules such as stealing or going off on a customer/fellow employee, you can still be terminated for conduct related issues or basically anything that isn't related to the absence/leave. And, even then, employees can and often do still face some sort of blowback at work for taking time away -- even if no one knows the reason why. Fortunately, baltant acts by an employer such as denial of promotions or termination can be inferred under the law if taking place within around 6 months to a year from the return from said leave as being de facto retaliation, which is prohibted by both ADA and FMLA.

All this to say that in some instances, you may have to disclose to HR a generic reason for your leave. You never have to and should never be asked by your direct leader or even their leader for a specific diagnosis or condition that is requiring your leave. Both of these laws are meant to protect the employee so that he or she may attend to a Serious Health Condition or possibly take leave time as a reasonable accommodation to address a qualifying disability (this definition includes those recovering from addiction as well as the full spectrum of mental health conditions from ADHD to BiPolar).

An employee on an approved leave is still subject to normal employment actions -- again -- these aren't super shield get away with anything laws, but they do a very good job at ensuring employees are not harassed, demoted, terminated, or otherwise suffer negative consequences based solely on their need to take approved medical leave.
 
Well fuck, I went for a medication psych evaluation appointment and for a mood stabilizer and fucking left with a script for Ritalin or and daytrana I think is the name or daynavel. Whatever one is the racemic amp.

So dunno how the fuck that happened but sure enough I used all 280mg of ir Ritalin last night. Freaking had a slip.

And now my therapist is going to think I did it on purpose but no the dr said it sounds like I cold turkey quit my adhd meds and that’s the problem so fuck
Man.

Now my therapist is going to for sure commit me FFS.

I’m not supposed to be getting any stimulants as an agreement because I abuse them.

And of course I feel like shit now. Mentally. Wish there was something I can take to get rid of this shit but only waiting it out ever works.
Hey man - I'm not happy to see you're still messing around with stimulants. I took a break from bluelight for about a month, and you were ripping all kinds of posts that were clearly due to stims or mania or something. You've got to get this under control. Inpatient may help, but you need something like AA. You've got to get off this roller coaster or you're going to be toast.
 
Hey man - I'm not happy to see you're still messing around with stimulants. I took a break from bluelight for about a month, and you were ripping all kinds of posts that were clearly due to stims or mania or something. You've got to get this under control. Inpatient may help, but you need something like AA. You've got to get off this roller coaster or you're going to be toast.
Yeah I thought I might be able to handle a different formulation or a non amp but guess everyone was right. I tried but somehow still ended up burning thru 28 pills of 20 ng Ritalin IR in one day. Didnt intend on even abusing them then it started with one over then it was a wrap.

Looked in my bottle and I could g believe I went thru over 1000mg Ritalin in one day and let alone still breathing but I know what I have to do now.

I was already thinking about going back to AA this morning.

Super general 2 is good too but I don’t get why I’m the beginning he’s like I’m in New York like we would t believe him lol who can’t go to NY? It’s not Bali. lol.

 
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