Lunes, Nobyembre 25, 2013


Here's my dilemma...

 I resigned from my current employer because of the workload. I thought of an easy way out! I used my previous medical condition having been exposed to tuberculosis as the reason why they had to let me go the soonest possible time.

 Of course they will have to validate my reason with the University's physician/doctor.

I showed her my lab results (which showed pulmonary fibrosis and suspected pneumonia). She said there is no reason for me to worry because the TB exposure was cured and my Xray just showed a scar on my lung.

So she could approved my excuse to resign, I told her my status. I said I could'nt bare the workload anymore and that it gives me stress blah blah blah...

 She understood my situation. She thanked me for trusting her with my status and we came up with an idea that she will just indicate that I am unfit to work so I could just rest.

 end of story...
So I thought...

When I was getting my last pay, my Boss asked if I could see her and the Principal ASAP.
So I did....
 They told me they just could let me go.. That I am an asset to the University blah blah blah...
So the Principal suggested I apply for an Admin position. She said I recover first, secure a fit to work clearance and return to her so she could endorse my application to the Chancellor.

 So overwhelming...... Instruction sounds easy.. the offer so tempting...

 So I did it all..

 Now the DEVIL!

The University Doctor now wants to tell the HR head my status before they could approve my application. She said part of her contract with the school is that she must disclose all the employees health status especially if condition considered critical.
 That she couldnt just confirm my fit to work without explaining the hazard of my condition.
 That because of my condition I may not be able to perform some job responsibilities of the position.

Of course I reasoned out! I told her there is no reason to disclose my status.
That we have a HIV Law, so she couldnt just disclose my status without my consent blah blah blah... the conversation ended with her telling me she has to think about approving my fit to work first..

 any thoughts on this????

2 komento:

  1. She's bound by law not to disclose your condition unless it's with your expression permission. Inform her that you will file an administrative complaint with the Philippine Medical Assoc (PMA) if she tells anyone your status. Bring a copy of that HIV law printed out and show it to her, and use a mildly threatening tone para ma-convince siya.

    Furthermore, there are guidelines used by doctors in assessing whether a patient is fit or unfit to work, I'm not completely sure, pero I believe HIV does not fall under 'unfit.' It's not right na 'pagiisipan niya' because it's not a subjective decision on her part. In other words, any reservations she might have about your fitness to work is personal/moral, there's no legal or medical basis. Try to find a copy of those local guidelines and bring a copy with you.

    Of course, all of this is premised on the assumption that you really want that job and are willing to fight for it. :)

  2. The RA 8504 is superior compared to her contract responsibility of disclosing all medical conditions of employees / potential employees. She might be missing that point.

    If planned carefully, you could sue her without losing your confidentiality. I hope PozziePinoy could help.

    I also agree with Prof Porn.