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Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.orgShown: posts 1 to 7 of 7. This is the beginning of the thread.
Posted by KellyD on December 20, 2003, at 17:13:28
Britton post started a "wonder about that..." mode in my mind regarding the use of prescription medications (stressing PRESCRIBED drugs) and employment.
My employer encourages disclosure of meds that may effect work preformance. They do not ban certain meds and if it's determined the med does, indeed, effect negatively on your ability to preform the tasks of your job... they must give you another job with different tasks or go through the disablity channels. You cannot be fired for this issue, alone.
The company my husband works for has similar policies.
I'm in the US. Are my husband and I just lucky or is this the policy that should be followed from a legal standpoint?
Anybody know?
Thanks,
Kelly
Posted by Rvanson on December 20, 2003, at 18:10:22
In reply to Med legalities and employment...., posted by KellyD on December 20, 2003, at 17:13:28
I used to inform employers that I was on depression meds, but I no longer do so. If they find out and fire me, they ost a good employee who has mantal health problems, but it doesnt affect my performance.
As long as you have a prescription, I doubt that they could do anything to fire you with being sued, but its getting hired when you are "one of those Prozac pill-poppers" that will cost you the job.
One bitten, twice shy....
BTW, I am not a lawyer so take it FWIW.
> Britton post started a "wonder about that..." mode in my mind regarding the use of prescription medications (stressing PRESCRIBED drugs) and employment.
>
> My employer encourages disclosure of meds that may effect work preformance. They do not ban certain meds and if it's determined the med does, indeed, effect negatively on your ability to preform the tasks of your job... they must give you another job with different tasks or go through the disablity channels. You cannot be fired for this issue, alone.
>
> The company my husband works for has similar policies.
>
> I'm in the US. Are my husband and I just lucky or is this the policy that should be followed from a legal standpoint?
>
> Anybody know?
>
> Thanks,
> Kelly
Posted by noa on December 20, 2003, at 18:30:50
In reply to Re: Med legalities and employment...., posted by Rvanson on December 20, 2003, at 18:10:22
We have to fill out emergency forms in case something happnens to us that requires emergency medical care. It asks about medications, etc. What I do is write the information on a separate note, seal it in an envelope, which I staple to the emergency form. I write on the envelope and on the form that the envelope is to be opened only in the event of emergency care if I have lost consciousness and am unable to answer the questions of medical care providers myself. The personnel office said this was fine with them.
We have not been asked to disclose medications that could impair safe work performance. If we were, I don't feel any of my meds impair safe work performance anyway. The only ones that would be a problem are the meds I take at night and the effective risk is during the hours immediately after I take them, so it doesn't apply to my working hours anyway.
Posted by Rvanson on December 20, 2003, at 22:54:57
In reply to Re: Med legalities and employment...., posted by noa on December 20, 2003, at 18:30:50
Thats a terrific idea, Noa !
> We have to fill out emergency forms in case something happnens to us that requires emergency medical care. It asks about medications, etc. What I do is write the information on a separate note, seal it in an envelope, which I staple to the emergency form. I write on the envelope and on the form that the envelope is to be opened only in the event of emergency care if I have lost consciousness and am unable to answer the questions of medical care providers myself. The personnel office said this was fine with them.
>Most places dont ask about prescriction dgrug use, unless you work for an employer who has random drug testing, like so many companies do these days. But they dont test for antidepressants, I pretty sure, just for illegal drugs.
> We have not been asked to disclose medications that could impair safe work performance. If we were, I don't feel any of my meds impair safe work performance anyway. The only ones that would be a problem are the meds I take at night and the effective risk is during the hours immediately after I take them, so it doesn't apply to my working hours anyway.
Posted by Mememe on December 21, 2003, at 4:43:27
In reply to Med legalities and employment...., posted by KellyD on December 20, 2003, at 17:13:28
> Britton post started a "wonder about that..." mode in my mind regarding the use of prescription medications (stressing PRESCRIBED drugs) and employment.
>
> My employer encourages disclosure of meds that may effect work preformance. They do not ban certain meds and if it's determined the med does, indeed, effect negatively on your ability to preform the tasks of your job... they must give you another job with different tasks or go through the disablity channels. You cannot be fired for this issue, alone.
>
> The company my husband works for has similar policies.
>
> I'm in the US. Are my husband and I just lucky or is this the policy that should be followed from a legal standpoint?
>
> Anybody know?
>
> Thanks,
> KellyKelly,
If the state where an employee lives is a hire and fire "at will" state, then the employer can fire that employee without giving a reason, so it's possible to get fired for being on prescription medication. There, unfortunately, still exists a stigma with meds, and you never know when you will run across a boss who is not educated on meds. Noa's idea is a great one. If you are required to provide the info about the medications, then you need to do so; but, I think it can be a risky idea to "volunteer" the information if not asked.
I think it is great that there are companies out there that have policies to help people who are on medications, and I do think you and your husband are lucky. I have not heard of such formal policies before. What industries are you and your husband in?
For companies without such policies, if an employer does fire the person because he finds out the employee is on the meds, the employee may be able to sue if the employee can establish his or her depression (or anxiety, etc) is a "disability" that the employer is discriminating against the person for having. The court may determine that the employer is required by law to "reasonably accommodate" your depression (or anxiety, etc) by allowing you to be on meds, as well as allow other benefits such as changing positions. The court will balance the factors to determine if it is unreasonable to expect an employer to go to that length to accommodate the employee, depending on the field of employment and overall cost to the employer. However, if the employer can point to any other bona-fide reason for firing the employee, then it's awfully difficult to win a discrimination claim based on the disability.
I applaud your and your husband's employers and their policies.
Posted by KellyD on December 21, 2003, at 7:37:15
In reply to Re: Med legalities and employment...., posted by Mememe on December 21, 2003, at 4:43:27
Thank you for your responses. Very informative and has caused a discussion in my household. My husband and I live in a "right to work" state (more to do with unions) and we are lucky in our work situations.
I work in healthcare and he works for a utility.
For me, it (my issues) honestly, gratefully, were handled well by my employer ---- my leave of absence, my fitness for duty - which was monitored, my medication ----- they were handled well by my employer and other agencies involved. I was encouraged and supported to become a functional, productive, and safe employee. Which did happen.
Thanks again.
Posted by Dr. Bob on December 22, 2003, at 16:47:44
In reply to Med legalities and employment...., posted by KellyD on December 20, 2003, at 17:13:28
> My employer encourages disclosure of meds that may effect work preformance...
Since it's more about legalities than medications, I'd like to redirect this thread to Psycho-Social-Babble. Here's a link:
http://www.dr-bob.org/babble/social/20031217/msgs/292484.html
Thanks,
Bob
This is the end of the thread.
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