How do I effectively set health-related overtime boundaries at work?
August 1, 2022 2:43 AM Subscribe
General background: the last job that I tried to advocate for myself (in that case, being paid for ALL the time I worked as an hourly employee), I ended up targeted and fired. So - I recognize that I do not understand how to navigate the US corporate work system, and I seriously need guidance in how to - in this case - NOT get railroaded into a lot of needless overtime while I am suffering from a whole bunch of terrifying cognitive and neurological symptoms and in the middle of getting this sorted out with a variety of doctors. Details below.
Background: four months ago, I asked for an out-of-review-cycle raise because housing costs had gone up so much that I could not find a place I could afford. My bosses' solution was to assign me to a terrible project that had been left un-manned because the last person assigned to this terrible project quit. Note - this was not a job-switch -- I was given this assignment ON TOP OF all of my other duties. They also moved me to salary (although I honestly do not think I meet the qualifications of being exempt).
Subsequent to all of this, I've started experiencing some terrifying cognitive problems that (a) have affected my work (b) are bad enough that family members have suggested in-patient treatment and (c) my primary care physician has wanted to write me out of work for two weeks or more. I have already met with a psych and we're trying to find the right med (first one was terrible and I had to go off it; emergency 2nd appt happening this week), and my PCP has referred me for a full neuropsych exam, since I have a history that includes multiple head traumas and concussions. Getting a full blood panel today. All meaning - I am aggressively trying to address this, and have been very communicative with my boss about the steps I am taking to try to figure out what the hell is going on ((so that I don't keep making so many mistakes at work)).
This terrible project - which has been mis-managed and has no project owner or milestones or schedule of deliverables beyond "we paid a lot of money for this piece of software and it's been over 8 months and we still haven't gotten anything out of it and C-Suite is getting testy about it" is now functional enough that I am finally able to do my piece of it. This past Friday, she told me: "starting next week, you are going to have to start working more hours. You understand that, right?" These 'extra hours' are not tied to any milestones or stated objectives, so it's not like she is saying, "we want these 5 Units produced by X date..." which, at least, would give me some hope of figuring out a fast way to produce Units and still stay within my 40 hours. It has been presented as a blanket "you are going to be working more hours."
My boss is also one of those people who works 80+ hours a week. I am her first and only employee - and the new role isn't some high-end coder thing - I'm a business analyst making around $25/hr. with no authority over anything.
It may be worth noting that when I interviewed for the original job, I specifically asked about the "expectations of overtime", because I have some mental health issues that I can manage as long as I can stick to a pretty consistent routine of adequate sleep, meditation on rising, exercise or meditation during my lunch hour, exercise after work, bi-weekly social interactions (I work from home), and then adequate sleep. I have mentioned this to my boss in the past, so she is aware of this. I am absolutely terrified of being forced to work more than my scheduled 40 hours -- which I have done consistently, usually even closer to 43--44 hours a week. I am barely hanging on here, and I am deeply concerned that forced extra hours is going to push me back into crisis. So, I need to know how I advocate for myself here in a way that will protect me from retaliatory actions.
My boss, in our last one-on-one, also mentioned that 'she hasn't mentioned any of this to HR' -- which may be good or bad....? I don't know. I do not know how or when to engage HR in any of this; I do not know how to word my concerns and objections; I do not know if or when I should ask for supporting documentation from my PCP.
Please help me figure out how to do this.
Background: four months ago, I asked for an out-of-review-cycle raise because housing costs had gone up so much that I could not find a place I could afford. My bosses' solution was to assign me to a terrible project that had been left un-manned because the last person assigned to this terrible project quit. Note - this was not a job-switch -- I was given this assignment ON TOP OF all of my other duties. They also moved me to salary (although I honestly do not think I meet the qualifications of being exempt).
Subsequent to all of this, I've started experiencing some terrifying cognitive problems that (a) have affected my work (b) are bad enough that family members have suggested in-patient treatment and (c) my primary care physician has wanted to write me out of work for two weeks or more. I have already met with a psych and we're trying to find the right med (first one was terrible and I had to go off it; emergency 2nd appt happening this week), and my PCP has referred me for a full neuropsych exam, since I have a history that includes multiple head traumas and concussions. Getting a full blood panel today. All meaning - I am aggressively trying to address this, and have been very communicative with my boss about the steps I am taking to try to figure out what the hell is going on ((so that I don't keep making so many mistakes at work)).
This terrible project - which has been mis-managed and has no project owner or milestones or schedule of deliverables beyond "we paid a lot of money for this piece of software and it's been over 8 months and we still haven't gotten anything out of it and C-Suite is getting testy about it" is now functional enough that I am finally able to do my piece of it. This past Friday, she told me: "starting next week, you are going to have to start working more hours. You understand that, right?" These 'extra hours' are not tied to any milestones or stated objectives, so it's not like she is saying, "we want these 5 Units produced by X date..." which, at least, would give me some hope of figuring out a fast way to produce Units and still stay within my 40 hours. It has been presented as a blanket "you are going to be working more hours."
My boss is also one of those people who works 80+ hours a week. I am her first and only employee - and the new role isn't some high-end coder thing - I'm a business analyst making around $25/hr. with no authority over anything.
It may be worth noting that when I interviewed for the original job, I specifically asked about the "expectations of overtime", because I have some mental health issues that I can manage as long as I can stick to a pretty consistent routine of adequate sleep, meditation on rising, exercise or meditation during my lunch hour, exercise after work, bi-weekly social interactions (I work from home), and then adequate sleep. I have mentioned this to my boss in the past, so she is aware of this. I am absolutely terrified of being forced to work more than my scheduled 40 hours -- which I have done consistently, usually even closer to 43--44 hours a week. I am barely hanging on here, and I am deeply concerned that forced extra hours is going to push me back into crisis. So, I need to know how I advocate for myself here in a way that will protect me from retaliatory actions.
My boss, in our last one-on-one, also mentioned that 'she hasn't mentioned any of this to HR' -- which may be good or bad....? I don't know. I do not know how or when to engage HR in any of this; I do not know how to word my concerns and objections; I do not know if or when I should ask for supporting documentation from my PCP.
Please help me figure out how to do this.
This sounds very stressful -- I hope things get better for you soon. Here are some approaches that might help with the workplace part of the situation.
First: I'm going to advise that you pause on talking to your boss about your medical conditions until you assess the situation as I describe below. It's going to be important for you to know your rights, and for you to operate within the framework of your rights.
Second: understand your company's policies and the basics of the relevant laws that protect you. Get a copy of the company handbook and take a look at the policies on medical leave as well as the policy on accommodation of disabilities (this may be listed in a section labeled "Equal Opportunity" or "Reasonable Accommodation"). What types of leave might you be eligible for according to company policy? What is the process for requesting leave and requesting accommodation?
If you're in the US, there will be (at minimum) two federal laws that would protect you in this situation:
- Family and Medical Leave Act (FMLA) - this allows folks who meet certain eligibility requirements to take unpaid, job-protected leave for up to 12 weeks per year for a medical condition. In many companies, they will allow (or even require) you to use your sick leave or paid time off to cover this time away.
- Americans with Disabilties Act, which requires employers to make "reasonable accommodations" to allow employees with disabilities to do their jobs. This usually involves getting medical documentation (for instance, having a doctor write a note indicating your inability to work more than 40 hours/week) and engaging in a discussion with the employer about ways it could be accommodated. Your employer could theoretically deny the accommodation if they think it's unreasonable, but this is rare. For more specific advice on the accommodation process, visit the Job Accommodation Network (JAN), which has sample request letters, accommodations, etc.
In some US states, there are additional laws that protect you. If you're in another country, there may be other laws that protect you as well.
Third: understand your company's culture and practices. Some companies actually do a good job of following the law around medical needs and disabilities. Others pretend to follow the law but find any excuse to push employees with medical needs or disabilities out the door. You've indicated that your company is large enough to have an HR department, which is a good sign that someone at the company is at least aware of the law. Unfortunately, it seems like your boss doesn't understand this at all -- if she did, she would already have reached out to HR for help the moment you mentioned medical issues. So I'm not sure how your company will respond to your request. Have you seen others take medical leaves (for instance, pregnancy leaves) successfully and continue working at the company? Or does it seem that folks with medical issues mysteriously stop working there after a while? In either case, I'd recommend that you carefully document your request and any responses to it -- but if you suspect your company might try to push you out, then you might want to be extra careful about getting everything in writing in case you need to push back or bring a formal complaint later.
Now that you've done all the preparatory steps, you can make a plan for how to request medical leave and (potentially) an accommodation for your hours-per-week requirement. You should talk to your doctor about both, and make sure that they're ready to provide documentation when the company requests it (they probably do it all the time -- it's a very common process). A few tips:
- Put your request in writing and keep it fairly formal ("I'd like to request a two-week medical leave under policy 123 and an accommodation under policy 456").
- Use the process laid out in your company handbook -- but if it instructs you to give the request to your boss first, then make sure to cc HR.
- Don't disclose anything specific about your medical condition in your request. It'll be up to your doctor to fill out forms describing what you need, and often this will not even require disclosing your condition(s). Keep it non-specific. "I have a medical condition that requires me to take 2 weeks of FMLA leave from this date to that date." "I have a disability that requires me to restrict hours worked to 40 hours per week." "My doctor is prepared to complete any required documentation."
- Be prepared to be persistent. If your boss isn't aware of these policies (and it sounds like she's not), she may try to dismiss you. Politely repeat the policies and reach out to HR for additional help. Document everything, and save your documentation somewhere not on the company servers.
- It's likely that the short medical leave will be fairly straightforward. The accommodation request may get more pushback, since it sounds like it's out of line with company norms. Be prepared to advocate for your needs. Stay polite, slightly formal, and disclose only what is required about your condition -- and stay in close touch with your doctor, who may be able to help with the process. JAN, the resource site listed above, also has a free hotline where you can get advice on accomodation requests.
I hope this helps you get what you are entitled to. I know it can be tough to navigate these kinds of situations even in the best of times, much less when you're feeling ill and exhausted. I wish you the best of luck.
posted by ourobouros at 5:16 AM on August 1, 2022 [24 favorites]
First: I'm going to advise that you pause on talking to your boss about your medical conditions until you assess the situation as I describe below. It's going to be important for you to know your rights, and for you to operate within the framework of your rights.
Second: understand your company's policies and the basics of the relevant laws that protect you. Get a copy of the company handbook and take a look at the policies on medical leave as well as the policy on accommodation of disabilities (this may be listed in a section labeled "Equal Opportunity" or "Reasonable Accommodation"). What types of leave might you be eligible for according to company policy? What is the process for requesting leave and requesting accommodation?
If you're in the US, there will be (at minimum) two federal laws that would protect you in this situation:
- Family and Medical Leave Act (FMLA) - this allows folks who meet certain eligibility requirements to take unpaid, job-protected leave for up to 12 weeks per year for a medical condition. In many companies, they will allow (or even require) you to use your sick leave or paid time off to cover this time away.
- Americans with Disabilties Act, which requires employers to make "reasonable accommodations" to allow employees with disabilities to do their jobs. This usually involves getting medical documentation (for instance, having a doctor write a note indicating your inability to work more than 40 hours/week) and engaging in a discussion with the employer about ways it could be accommodated. Your employer could theoretically deny the accommodation if they think it's unreasonable, but this is rare. For more specific advice on the accommodation process, visit the Job Accommodation Network (JAN), which has sample request letters, accommodations, etc.
In some US states, there are additional laws that protect you. If you're in another country, there may be other laws that protect you as well.
Third: understand your company's culture and practices. Some companies actually do a good job of following the law around medical needs and disabilities. Others pretend to follow the law but find any excuse to push employees with medical needs or disabilities out the door. You've indicated that your company is large enough to have an HR department, which is a good sign that someone at the company is at least aware of the law. Unfortunately, it seems like your boss doesn't understand this at all -- if she did, she would already have reached out to HR for help the moment you mentioned medical issues. So I'm not sure how your company will respond to your request. Have you seen others take medical leaves (for instance, pregnancy leaves) successfully and continue working at the company? Or does it seem that folks with medical issues mysteriously stop working there after a while? In either case, I'd recommend that you carefully document your request and any responses to it -- but if you suspect your company might try to push you out, then you might want to be extra careful about getting everything in writing in case you need to push back or bring a formal complaint later.
Now that you've done all the preparatory steps, you can make a plan for how to request medical leave and (potentially) an accommodation for your hours-per-week requirement. You should talk to your doctor about both, and make sure that they're ready to provide documentation when the company requests it (they probably do it all the time -- it's a very common process). A few tips:
- Put your request in writing and keep it fairly formal ("I'd like to request a two-week medical leave under policy 123 and an accommodation under policy 456").
- Use the process laid out in your company handbook -- but if it instructs you to give the request to your boss first, then make sure to cc HR.
- Don't disclose anything specific about your medical condition in your request. It'll be up to your doctor to fill out forms describing what you need, and often this will not even require disclosing your condition(s). Keep it non-specific. "I have a medical condition that requires me to take 2 weeks of FMLA leave from this date to that date." "I have a disability that requires me to restrict hours worked to 40 hours per week." "My doctor is prepared to complete any required documentation."
- Be prepared to be persistent. If your boss isn't aware of these policies (and it sounds like she's not), she may try to dismiss you. Politely repeat the policies and reach out to HR for additional help. Document everything, and save your documentation somewhere not on the company servers.
- It's likely that the short medical leave will be fairly straightforward. The accommodation request may get more pushback, since it sounds like it's out of line with company norms. Be prepared to advocate for your needs. Stay polite, slightly formal, and disclose only what is required about your condition -- and stay in close touch with your doctor, who may be able to help with the process. JAN, the resource site listed above, also has a free hotline where you can get advice on accomodation requests.
I hope this helps you get what you are entitled to. I know it can be tough to navigate these kinds of situations even in the best of times, much less when you're feeling ill and exhausted. I wish you the best of luck.
posted by ourobouros at 5:16 AM on August 1, 2022 [24 favorites]
Its generally not advantageous for you to not talk to HR about this if the only person in your organization that knows about your health conditions is a boss with terrible instincts and poor management skills.
Also, the challenges you describe demand you be off of work; get the medical leave your pcp suggested so you can work all this out and be safe while working and in your life.
posted by RajahKing at 8:57 AM on August 1, 2022 [1 favorite]
Also, the challenges you describe demand you be off of work; get the medical leave your pcp suggested so you can work all this out and be safe while working and in your life.
posted by RajahKing at 8:57 AM on August 1, 2022 [1 favorite]
I would go to HR with your confusion about why you were converted to salary, and also mention that now that you're salaried, your boss has told you you'll need to start working extra hours. Their response will be illuminating. I doubt they'll immediately say "oh yes, you should be hourly", but "we'll look into your classification" is a reasonable outcome. "Here is the relevant law and why we think you're exempt" is maybe okay if they have a reasonable rationale. Anything less than that is worrisome.
Your doctor likely has experience with FMLA and can help you frame your request (assuming your employer offers it, look for the policies). You tell HR you want to take medical leave, they'll give you a form for your doctor to fill out, and then they'll approve or deny your request. But I'd start with the exempt question.
posted by momus_window at 8:58 AM on August 1, 2022 [1 favorite]
Your doctor likely has experience with FMLA and can help you frame your request (assuming your employer offers it, look for the policies). You tell HR you want to take medical leave, they'll give you a form for your doctor to fill out, and then they'll approve or deny your request. But I'd start with the exempt question.
posted by momus_window at 8:58 AM on August 1, 2022 [1 favorite]
Agree with the above that you shouldn't be discussing medical issues with your boss; in addition, your compensation should be tied to market value and the value you're bringing to the company, not anything going on in your personal life (or your budget). Stronger boundaries around these things may help you navigate this situation. Good luck and good job prioritizing your health!
posted by Threeve at 3:28 PM on August 1, 2022 [1 favorite]
posted by Threeve at 3:28 PM on August 1, 2022 [1 favorite]
This thread is closed to new comments.
Did you politely ask why extra hours are "going to have" to happen?
posted by tiny frying pan at 4:36 AM on August 1, 2022