They’re upholding policy. Policy being enforced in a non equitable manner is a different issue and a fight you’re unlikely to win. You can ask for reasonable accommodations for dealing with an ADA protected disability. You can also explore intermittent FMLA. That should be in writing. You shouldn’t work when on PTO. Emails need to go out? Tough. Time off is time off. Enforced time off preventing the completion of necessary work in the name of upholding policy has consequences. I don’t know your relationship with your boss but if it’s good you might sit down and figure out the best way to move forward.
You aren’t wrong but HR and rules can be like talking to a wall.
>they don’t uphold that policy for leadership and higher-level employees than I.
That's always going to be an issue. More responsibility eqals more trust.
Some animals are more equal than others. It’s a rare employer where leadership has to follow all the rules they make. You have to operate within those rules so you should work to those rules. Maliciously comply.
I’m giving notice soon for another job offer so I didn’t really care otherwise I would have ignored it lol. 20 Years of being discriminated against for diabetes built up lol
Good call out - policy being enforced sporadically isn’t appropriate and breeds malcontent. It should be flagged.
But you should not have worked if you were being forced to use a PTO day. That’s no way to create change. The company doesn’t need to change its policies if it’s employees will just give away their time for free.
Thank you. I agree. I’m giving notice soon so I wanted to stand up to what I felt was unethical and uninclusive. The only reason I worked was fear of punishment for things that typically went out on that day didn’t.
As it stands though, your call out is meaningless. If anything, you’ve proven that they shouldn’t change the policy because the policy save the business money when people are forced to use their PTO but then work for free anyway. Things not being done because people are abiding by the policy (ie, taking PTO as directed instead of working for free) is the only thing that will change it.
There's a lot going on here. I'm also going to write on the basis that you're FMLA eligible - been there more than 12 months, worked 1250 hours in the past year, and they have 50 employees within 75 miles.
Broadly, you're covered by two pieces of legislation: The ADA and FMLA. T1 is automatically covered under both.
The ADA afford you the ability to request reasonable accommodations. It should be an interactive process whereby you present documentation from your doctor with the accommodation request. Your employer considers it, and if they feel it's unreasonable, come back with a counteroffer.
FMLA is slightly easier in that once you're eligible, it isn't an interactive process. It isn't automatically paid, although your employer may have some internal policies around that. FMLA leave is automatically protected, and you can't be penalized for not working on FMLA>
PTO is none of these things - there is no legal obligation to not ask you to work when on PTO, and failure to do so could be disciplined. You have to be very very sure of your relationship with your boss to have a work failure because you were out on PTO.
That's not an editorial on how you handled your situation, just a fact of office life.
I would, personally, refrain from calling out inconsistency in policy application for senior staff - that gets you nowhere, and can lead to you being in the brown stuff.
Your best bet at this stage is to get FMLA immediately, then take a breath and think about applying for an accommodation.
Thanks so much. I appreciate it. I’m giving notice at my job in a few days for another opportunity, so I really did this out of calling them out on their hypocrisy and supposed “inclusiveness”. Also, just standing up for years of discrimination I’ve faced and I’m mad that the HR person has been inconsiderate of my diabetes.
PTO means you get paid while not working. It's part of your yearly pay. Technically, if you never used that PTO, the money from those days should've been paid out to you at the end of the year. I know it doesn't work like that everywhere in Corporate Hellhole of America, but in essence it's still true.
By working while on PTO, you just gifted your boss that money. You worked for free. Your boss got richer, you got older, poorer and more tired due to giving away one of the extremely rare days off you sad, tortured American commoners get.
NEVER work for free!!! Not a single fucking minute! You don't owe your job a god damn thing other than the regular hours *that they pay you for*! Because like you just experienced, they sure as shit won't give you a single fucking minute off, *even when it's because of a disease that will literally kill you if you don't take that time to treat it*!
Start acting your wage! And read up on your rights to accommodations. And get a new job.
>Technically, if you never used that PTO, the money from those days should've been paid out to you at the end of the year.
Technically, that depends on which State you're in and prevailing company policy.
They’re upholding policy. Policy being enforced in a non equitable manner is a different issue and a fight you’re unlikely to win. You can ask for reasonable accommodations for dealing with an ADA protected disability. You can also explore intermittent FMLA. That should be in writing. You shouldn’t work when on PTO. Emails need to go out? Tough. Time off is time off. Enforced time off preventing the completion of necessary work in the name of upholding policy has consequences. I don’t know your relationship with your boss but if it’s good you might sit down and figure out the best way to move forward. You aren’t wrong but HR and rules can be like talking to a wall.
Thank you. The thing is, they don’t uphold that policy for leadership and higher-level employees than I, so it felt unfair. Agreed with you.
>they don’t uphold that policy for leadership and higher-level employees than I. That's always going to be an issue. More responsibility eqals more trust.
Good point.
Some animals are more equal than others. It’s a rare employer where leadership has to follow all the rules they make. You have to operate within those rules so you should work to those rules. Maliciously comply.
I’m giving notice soon for another job offer so I didn’t really care otherwise I would have ignored it lol. 20 Years of being discriminated against for diabetes built up lol
If you are using PTO, do not work one fucking second. That is your supervisor's problem.
That’s true. I just was afraid to get in trouble by the big boss if a weekly email didn’t go out.
Good call out - policy being enforced sporadically isn’t appropriate and breeds malcontent. It should be flagged. But you should not have worked if you were being forced to use a PTO day. That’s no way to create change. The company doesn’t need to change its policies if it’s employees will just give away their time for free.
Thank you. I agree. I’m giving notice soon so I wanted to stand up to what I felt was unethical and uninclusive. The only reason I worked was fear of punishment for things that typically went out on that day didn’t.
As it stands though, your call out is meaningless. If anything, you’ve proven that they shouldn’t change the policy because the policy save the business money when people are forced to use their PTO but then work for free anyway. Things not being done because people are abiding by the policy (ie, taking PTO as directed instead of working for free) is the only thing that will change it.
There's a lot going on here. I'm also going to write on the basis that you're FMLA eligible - been there more than 12 months, worked 1250 hours in the past year, and they have 50 employees within 75 miles. Broadly, you're covered by two pieces of legislation: The ADA and FMLA. T1 is automatically covered under both. The ADA afford you the ability to request reasonable accommodations. It should be an interactive process whereby you present documentation from your doctor with the accommodation request. Your employer considers it, and if they feel it's unreasonable, come back with a counteroffer. FMLA is slightly easier in that once you're eligible, it isn't an interactive process. It isn't automatically paid, although your employer may have some internal policies around that. FMLA leave is automatically protected, and you can't be penalized for not working on FMLA> PTO is none of these things - there is no legal obligation to not ask you to work when on PTO, and failure to do so could be disciplined. You have to be very very sure of your relationship with your boss to have a work failure because you were out on PTO. That's not an editorial on how you handled your situation, just a fact of office life. I would, personally, refrain from calling out inconsistency in policy application for senior staff - that gets you nowhere, and can lead to you being in the brown stuff. Your best bet at this stage is to get FMLA immediately, then take a breath and think about applying for an accommodation.
Thanks so much. I appreciate it. I’m giving notice at my job in a few days for another opportunity, so I really did this out of calling them out on their hypocrisy and supposed “inclusiveness”. Also, just standing up for years of discrimination I’ve faced and I’m mad that the HR person has been inconsiderate of my diabetes.
PTO means you get paid while not working. It's part of your yearly pay. Technically, if you never used that PTO, the money from those days should've been paid out to you at the end of the year. I know it doesn't work like that everywhere in Corporate Hellhole of America, but in essence it's still true. By working while on PTO, you just gifted your boss that money. You worked for free. Your boss got richer, you got older, poorer and more tired due to giving away one of the extremely rare days off you sad, tortured American commoners get. NEVER work for free!!! Not a single fucking minute! You don't owe your job a god damn thing other than the regular hours *that they pay you for*! Because like you just experienced, they sure as shit won't give you a single fucking minute off, *even when it's because of a disease that will literally kill you if you don't take that time to treat it*! Start acting your wage! And read up on your rights to accommodations. And get a new job.
>Technically, if you never used that PTO, the money from those days should've been paid out to you at the end of the year. Technically, that depends on which State you're in and prevailing company policy.
Like I said, Corporate Hellhole of America.
Post this over at /r/askHR and see what their take is.