Kidney Stones

[tdiehl]

I lost my job after my first kidney stone surgery on Thanksgiving. My employer did not allow the frequent absences even though I had a very legit excuse. Since then, I have been in the ER at least once a week, every week for kidney stones infections or pain control. Last week was my second surgery and having stents put in. Has anyone else experienced work problems due to this illness? Is this considered a disability?

[JFisher]

Yes it is considered a disability. Make sure you apply for unemployment. If it's denied, appeal it. I'm sure you will get it. Just be sure to save all your ER receipts and other documentation to show the administrative law judge.

[tdiehl]

Thank you. It's been pretty scary. The doctors and some ER staff have really just blown me off so I was very unsu re if this was considered an official problem.

[mex70033]

social security determines the renal function from lab test of the creantinine(i think that's how you spell it) in your blood. It also depends on the type of work you do, skilled,unskilled, the labor market in your area for the type of job you do. where the problem is that because stones are unpredictable, you can work, you just will not be able to maintain an attendance policy. It is a long tedious battle, but it is a disability. Eventually, it can lead to depression and then you will have dual diagnosis that is equivalent to single disability

[mctripat]

you may be covered by the Americans with Disabilities Act. If the place you worked had at least 20 employees, and part time ones are counted to for a certain # of weeks, then you are covered... you need to contact an attorney that handles discrimination cases... or ask the state.. most people file under the federal law, because it is superceeds state law. You have 1 year to file after you are fired. You also may be able to contact human resources where you worked to find out if these laws apply. If they say no, you need to know why... like are there 5 employees? sometimes places try to get around the law... you may have to verify with the state that they are not required to follow the federal law.

Also states have laws about this... the state employment office knows about this.... the federal agency that handles the federal law is called the EEOC... that is where you start.

mctripat

Also another law applies called the American Family Leave Act,I think there have to be 20 employees too, and you have to have worked there at least 1 year... this law allows you to take up to 3 months of unpaid leave for medical problems, per year. The company also has to continue to pay your health insurance.... and if you have vacation it can be used so you can be paid. The days of leave do not have to be consecutive. They can not fire you or demote you if you are covered under the act and follow the rules... they have to give you an equivalent job back if you take off for surgery for instance. The medical problems can also be your spouses or children... and maybe elderly parents.

[mctripat]

see my first post about the ADA Act and AFL Act

the EEOC can force them to give you your job back or give you a right to sue letter. You may be able to sue them and get a judgment.

The state agencies do the same thing.

mctripat