| In a job interview, it would be easier for me to admit | | | | Medical Leave Act (FMLA). |
| that I am a recovering addict or ex-con (I am neither) | | | | The FMLA applies to most employers with fifty or |
| than to reveal that I have Bipolar Disorder (which I do). | | | | more employees and entitles eligible employees to |
| Such is the stigma. And there have been a number of | | | | take up to twelve weeks of unpaid, job-protected |
| times when I have felt guilty for calling off sick after | | | | leave in a twelve month period for specified family and |
| waking up in a nasty bipolar mood. But it need not be | | | | medical reasons. ** |
| so. An employer has far more to lose by discriminating | | | | Under the FMLA, bipolar disorder clearly qualifies as a |
| against a Bipolar employee, than does the employee | | | | legitimate reason for taking medical leave. The FMLA |
| by being open about his condition. | | | | states that such leave can be taken when you are |
| Under Federal Law, people who have bipolar disorder | | | | unable to work because of a "serious health condition." |
| have a legal right to disclose the disorder and request | | | | ** It goes on to define the term "serious health |
| accommodations without fear of harassment, | | | | condition" as - in part - a physical or "mental" condition |
| reduction in pay or benefits, or the loss of their job. | | | | that involves any period of incapacity for a chronic |
| "Under the Americans with Disabililties Act (ADA), you | | | | serious health condition which continues over an |
| have a disability if you have a physical or mental | | | | extended period of time, requires periodic visits to a |
| condition that substantially limits a major life activity | | | | health care provider, and may involve occasional |
| such as hearing, seeing, speaking, thinking, walking, | | | | episodes of incapacity OR a period of incapacity that |
| breathing, or performing manual tasks." * Bipolar | | | | is permanent or long term due to a condition for which |
| Disorder clearly meets this legal definition of a | | | | treatment may not be effective.** That undeniably |
| "disability." No one who has ever witnessed a manic or | | | | describes bipolar disorder. |
| depressive episode can legitimately doubt that bipolar | | | | The FMLA also requires your employer to maintain |
| profoundly limits “major life activities.” | | | | your group health care coverage during your leave |
| If you have bipolar disorder and you are able to do the | | | | and to reinstate you to your "original job, or to an |
| job "you want or were hired to do, with or without | | | | equivalent job with equivalent pay, benefits, and other |
| reasonable accommodation," then you are protected | | | | terms and conditions of employment" upon your return |
| by the ADA. * You cannot be denied employment or | | | | to work.** Again, you should be prepared to provide |
| fired from a job simply because you have bipolar | | | | your employer with sufficient documentation of your |
| disorder. | | | | disability and treatment to demonstrate that the FMLA |
| Further, a person who has bipolar is entitled by the | | | | does apply to your situation. |
| ADA to request "reasonable accommodations" for the | | | | Given the protections of the ADA and the FMLA, |
| hiring process and on the job.* Reasonable | | | | there is no need to hesitate to disclose your bipolar |
| accommodations are defined as "any change or | | | | condition to your employer. Federal Law gives you a |
| adjustment to a job, the work environment, or the way | | | | legal right to request reasonable changes in your |
| things usually are done that would allow you to apply | | | | workplace that will enable you to perform your job |
| for a job, perform job functions, or enjoy equal access | | | | duties and to request time off when you are actively |
| to benefits available to other individuals in the | | | | suffering the symptoms of bipolar. |
| workplace." * | | | | Does this mean that you have the right to call off sick |
| Not every request for accommodation will be | | | | with a bad mood? Not for most people. But when you |
| considered reasonable under the ADA, but you should | | | | have bipolar, it is more than a bad mood. It is a |
| not hesitate to ask your employer for any changes | | | | legitimate symptom of a "serious medical condition" |
| that may help alleviate difficulties arising from your | | | | that may honestly (temporarily) prevent you from |
| bipolar condition. Examples of reasonable | | | | being able to do your job - or even get to work. It is a |
| accommodations for persons with bipolar include, but | | | | "chronic, serious health condition" that may involve |
| are not limited to, (1) providing a quieter workspace or | | | | occasional episodes of incapacity. And it is covered |
| reducing noisy distractions, (2) requesting time off for | | | | under both the ADA and the FMLA. |
| treatment for your disability.* | | | | You need not feel guilty for suffering the real |
| You may request a reasonable accommodation at | | | | symptoms of a legitimate and serious medical |
| any time before or after you start working.* When | | | | condition. And you need not fear the loss of your job. |
| doing so, it is wise to provide documentation from your | | | | * Americans with Disabilities Act: A guide for people |
| doctor stating that you do have bipolar and that the | | | | with disabilities seeking employment http: |
| requested accommodation is necessary. | | | | ** Fact Sheet #28: The Family and Medical Leave Act |
| In addition to being protected by the ADA, people who | | | | - U.S. Dept. of Labor, Wage&Hour Div. |
| have bipolar disorder are also covered by the Family | | | | |