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Virtigo and FMLA/ADA

ksitlerksitler 3 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an employee who has been diagnosed with virtigo. She is a picker in our distribution center. Her physician gave her medicine to take when she feels her virtigo coming on but she says it's not always possible to take it in time. She feels virtigo should be covered by FMLA. I don't see it that way, nor do it see it as covered by ADA. Any thoughts and/or experience in this matter?? Thank you.
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  • 5 Comments sorted by Votes Date Added
  • LindaSLindaS 1,510 Posts
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    You should not be concerned with the condition but rather the medical facts surrounding the condition. If it meets the requirements (number of doctor's appointments, continued treatment, tec.) it qualifies irregardless of what the diagnosis is.

    Give her the paperwork and have it completed. If it meets the guidelines it is covered.
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  • cnghrcnghr 719 Posts
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    My mother used to have horrible bouts of vertigo, and from what I saw of that, it seems like it would qualify as a "serious health condition" under FMLA. When she had it, sometimes for days, she could barely move without vomiting, and sometimes even got sick just lying flat in bed. If she had been employed outside the home, when she had these attacks she certainly would not have been able to perform the duties of any job.
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  • davidsdavids 427 Posts
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    I agree with the others that vertigo would qualify as a serious health condition under FMLA. I think it would also qualify as a disability under ADA unless the doctor is saying it is just a temporary condition. Vertigo can "substantially limit a major life activity" the definition of a disability under the ADA Adjustment Act. What is your rationale for thinking it would not qualify under FMLA or ADA?
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  • ksitlerksitler 3 Posts
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    Thank you all so much for your assistance. In speaking with the employee again yesterday, she provided me with more information I was unaware of and that her supervisor had not shared with me either. I have given her the Medical Certification paperwork for her Dr. to complete and it appears that most likely this will be approved as intermittent FMLA

    Thanks again.
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  • Still Need CoffeeStill Need Coffee 507 Posts
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    I once had an employee we certified for both FMLA and ADA for vertigo. Like the other posters have said, focus on the facts (# of doctors visits, ability to do job, etc), not the diagnosis.
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