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> I've had to explain to numerous people that having an ADHD diagnosis doesn't, for example, exempt them from the same performance review standards as their pee

• Aurornis 2y ago
  > I can’t speak for you, but that isn’t at all accurate as far as I know. > I’m not intimately familiar with actual existing accommodations for ADHD and other conditions under the FMLA and other disability discrimination laws and regulations in the US or other countries. Why are you saying it's inaccurate if you don't understand the laws and regulations? The FMLA that you cited and linked is for emergency medical leave, not for ADHD accommodations. You're also making a mistake that I see a lot: Getting an ADHD diagnosis is not the same as having a disability. It is possible to qualify as having a disability due to an ADHD diagnosis, but it's a substantially more difficult standard to achieve and prove. The average ADHD patient will not and cannot qualify as being disabled due to ADHD. This is exactly what I was talking about: There has been an explosion of over-confident opinions about how ADHD and other mental health conditions intersect the workplace that have no basis in reality. The amount of incorrect ADHD information circulating on places like Reddit and TikTok is leading people in the wrong direction in large numbers.
  • aspenmayer 2y ago
    > Why are you saying it's inaccurate if you don't understand the laws and regulations? I didn’t say I wasn’t familiar with them, I said I wasn’t intimately familiar with them. > The FMLA that you cited and linked is for emergency medical leave, not for ADHD accommodations. It’s about more than that, but that’s neither here nor there. Needing to take time off regularly, irregularly, as needed, or working less than full-time at an ostensibly full-time job due to a medical condition that may or may not be a disability are accommodations that would fall under FMLA, and it would be a factor in someone being unable to meet otherwise-reasonable standards or expectations. The FMLA applies even if your medical condition isn’t considered a disability, for that matter. That’s specifically why I said that I’m not speaking for you, because I don’t know what you know or don’t know, nor do I know what jurisdiction you operate in, but I know enough to not advise others about how to speak about coworkers’ medical issues - I just don’t do it! I don’t speak about coworkers’ medical issues, because it’s none of my business, and it’s a poor use of my time, their time, and the company’s time. It’s also not in my job description to comment on my coworkers’ medical issues. I’d be happy to discuss this further and read any resources you may have on this subject, though. I don’t claim to be an expert, and I am amenable to reason.
    • Aurornis 2y ago
      > and read any resources you may have on this subject, If anything, I'd suggest reading up on the details of FMLA. FMLA is not, for example, a free pass to take time off as needed, or regularly. The wording of FMLA is more about recovering from an illness. Someone who routinely becomes overwhelmed with work and needs extra time off is going to have a hard time arguing that it's actually FMLA protected leave.. FMLA will specifically exclude things like taking time off for routine medical care, because it's specifically not for those purposes.
      • aspenmayer 2y ago
        > FMLA will specifically exclude things like taking time off for routine medical care, because it's specifically not for those purposes. I am going to have to disagree with you there: continuing care and mental health days are covered under the FMLA as I read it. https://www.dol.gov/agencies/whd/fact-sheets/28o-mental-health https://www.dol.gov/agencies/whd/fact-sheets/28o-mental-heal... > LEAVE FOR MENTAL HEALTH CONDITIONS UNDER THE FMLA > An eligible employee may take FMLA leave for their own serious health condition, or to care for a spouse, child, or parent because of a serious health condition. A serious health condition can include a mental health condition. > Mental and physical health conditions are considered serious health conditions under the FMLA if they require 1) inpatient care or 2) continuing treatment by a health care provider. > A serious mental health condition that requires inpatient care includes an overnight stay in a hospital or other medical care facility, such as, for example, a treatment center for addiction or eating disorders. > A serious mental health condition that requires continuing treatment by a health care provider includes— > Conditions that incapacitate an individual for more than three consecutive days and require ongoing medical treatment, either multiple appointments with a health care provider, including a psychiatrist, clinical psychologist, or clinical social worker, or a single appointment and follow-up care (e.g., prescription medication, outpatient rehabilitation counseling, or behavioral therapy); and > Chronic conditions (e.g., anxiety, depression, or dissociative disorders) that cause occasional periods when an individual is incapacitated and require treatment by a health care provider at least twice a year. > REASONS FOR LEAVE > Leave for the Employee’s Mental Health Condition > An eligible employee may take up to 12 workweeks of leave for their own serious health condition that makes the employee unable to perform their essential job duties. > Example: > Karen is occasionally unable to work due to severe anxiety. She sees a doctor monthly to manage her symptoms. Karen uses FMLA leave to take time off when she is unable to work unexpectedly due to her condition and when she has a regularly scheduled appointment to see her doctor during her work shift.