/m 1763

What exactly is the difference between scheduled leave and unscheduled leave? I figured by filling the proper 3971 and supporting documents, that the leave is scheduled, especially since po is aware well in advance.
Thank you for your time.

Beware Glen Beck wanabee, what goes around comes around for sure.

THANK YOU POSTAL EMPLOYEE ADVOCATE, I APPRECIATE YOUR UNDERSTANDING AND YOUR ADVICE.

GLEN BECK,NEVER MIND UR COMMENT DESERVES NO ANSWER, YOUR COMMENTS TELLS ALOT ABOUT YOU...AND IT,S NOT GOOD......

Flowers48/m1758
I agree with you that there is virtually no distinction between a foot rest and foot stool. Both are manufactured to anticipate the weight of the user. If the Postal Service is claiming that there is a distinction then the union should request some type of definition to show that distinction. The parties should also rely on the manufacturers flyer or safety instructions that came with the footrest/footstool that might define what the equipment is, or is not, supposed to be used for. Further, if there is a distinction, then I would put the onus on the Postal Service that it is their responsibility to train employees, usually through service talks, what that distinction is. If they haven't done that, then I would also argue that the Postal Service has a responsibility to adequately and visibly mark any equipment that may be inadvertently used for the wrong purpose. And what was it again that your union was doing for you?
As for whether or not these circumstances are sufficient to establish a prima facie case of discrimination - without having seen the wording or language of the discipline it would be difficult to say. Applying your weight to the footstool, regardless of your size, could merely be a description of how the event happened. The Postal Service may "regard you as" an individual with a disability, even if you would not otherwise meet the definition of "an individual with a disability" under the Rehabilitation Act, if you can show that their inference to your weight was an inference that your weight interfered in your ability to perform the essential functions of your position.
So I was rather surprised that some of those that responded to your post automatically assumed that the problem was with your weight. You didn't say that you actually had put too much weight on it - only that the P.O. accused you of putting too much weight on it - which they also claim was not what it was designed for. Initially I don't see this as an EEO complaint, I see it as the P.O. covering their hiney for not properly marking their equipment to ensure the safety of its workers, and the union failing again to......well you don't need me to tell you what you already know.

I would suggest surgery to help you lose some weight. Lap band works well

Unfortunatley FMLA only protects you for 12 weeks. Anything longer may or may not be unscheduled. The USPS can come after you for your attendance. It doesn't matter if you have cancer, a broken back, whatever. If you are over 12 weeks you are NOT PROTECTED BY LAW.

Just because you have a 3971 saying the PO knows you are absent does not protect you from discipline.

Arbitors in many cases have ruled in favor of employers because they must maintain some semblance of a business model. Obviously I don't know your specific case. You should seek counsel with a experienced steward or arbitration advocate.

I sympathize with you because we all the ugly actions from the USPS causes harships for our family. I hope you make a full recovery.

you bring up your weight but then say "that it is not that much of a problem for you"

seems others see it different based upon what you are saying here.

Why not lose 100 pounds instead of thinking of ways to blame others for your weight related problems?

Just a thought as I am tired of my insurance going up each year because you can not stop eating.

Real x going to the nut doctor cause he can not cope is not helping either. We support you at work with all of your problems and then have to pay more on top of it.

Help me Glen Beck.

/m1760 Thank you X-stew. oic is now calling remaining sick leave usage, due to same illness, that is documented by my attending physician, as unscheduled sick leave. I'm sorry, po has known since May, with documentation from my attending physcian, that I will be out the rest of the year. Sounds fairly scheduled to me. I know po can issue dicipline with unscheduled sick leave. I carry enough sick leave on the books to cover my scheduled time off work. You are right, it is beyond harrassment, always has been, that is why I am diligent to CMA with this oic. Any other advice is greatly appreciated. Where can I reference info to protect me. I don't suppose any of this is an EEO issue? Harrassing a disabled person??? Just wondering. And truly, thank you.

Thank co-worker for the heads-up first. At least you have one person not running you down while you're ill.

Possible harrassment is the least of your worries. OIC probably will not leave you alone and may try to fire you---that's why they're digging for info. If you have no idea when you'll return, or you think you may never return, just know PO does not wait forever. You may find you have no choice but to look into disability retirement.

I'd be careful with how much medical info you give them. Sometimes they'll go to doctor to get your info. Contact doctor about what you want to stay private. They are not trying to help you.

We have an oic in our ofc that was my sup 10 yrs ago. I endured constant, nonstop harrassment from this person to the point I transferred out of the ofc. I am on SL and will be out the rest of the year. All documents in place. I have passed the 12wk fmla and, per the fmla coordinator, submitted a 3971, in advance, at my office, for the time beyond the 12 wks. I received a call from a coworker saying oic went to them (coworker) demanding to know when I (me, the sick person) was going to submit documentation to continue SL since my fmla is up. oic has made no attempt to contact me at home or cell phone or mail. I have no problem sending oic a note from the Dr., however, I feel this is the oic picking up the harrassment where they left off. I am very ill and this harrassment could affect my health and healing. And, I am very concerned about oic talking to coworker about any possible medical information. None of us hang out after hours so it's not like they are privy to my info, unless I tell them. I want this oic to leave-me-alone! Suggestions, insight, directions.
Thank you for your time.

Postal and Dead Letter I appreciate your feed back with my question, but Postal it was not a footrest, You know when you go to the doctor an they have a FOOTSTOOL there to help you get on the table, That is the exact thing that im talkin about ...It is a FOOTSTEP, Clerks used it to get in there chairs at their work stations. But all the same Thank you very much.
My weight is not that big of an issue with me, I just think she was trying to retaliate against me for a incident that happend with her and she had to apologize to me, she did not like that. But I will contact EEO and talk with someone about the matter an see what they think.....Thanks Again

Edited by author 08-31-2009 09:16 PM
/m1755 Flowers48:

If you have a weight problem and your weight causes you to need special accomodations in order to perform your regular duties, then you should have asked for special accommodations under the ADA. If you did not do so prior then you have no case. Did you inform management prior that you have a "disability" as defined under the ADA? You have a workers comp case yes, but EEO no. This doesn't mean that you should not file if you want to. Try. But it's like saying that I have a hearing loss but did not inform management of it, then supervisor gives me verbal instructions to do something and I don't do it because I claim I have a hearing loss and did not hear instructions clearly (which is considered a disability under the ADA). Wont work. There has to be a paper trail prior.

Edited by author 08-31-2009 09:06 PM
/m1750 I have to agree, it is a foot rest and not there to help anyone get seated. However, the super was wrong about saying it was your weight that caused the accident.

If the following message was meant to me, I was not , nor did I lay down and then call for help!!!!!!

X-stew, Yes I did get hurt and filed CA7...Just got claim number in mail on saturday. No she has not done it to me before, and I don,t know if she has anyone else. Yes I do have injury's....Thank you for the information I will contact EEO first thing in the morning and speak to a counselor to see if I have a case....THANKS

the tape of the workroom floor shows you lying down and then calling for help. YOUR IN BIG TROUBLE.

I knew a guy who said he could no longer work on the floor because while riding up the elevator to see the Safety Office about a workroom accident he said the elevator hurt his back and the supervisor riding up the elevator was going to be his witness.

Back to work or out the door baby.