Question
I really don't think my issue with the current workload has a solution.  I am expected to deal with it.  As for the my question, I am unsure if I have to tell my new employer.  If so, is it after or before I get hired.  And also, what if I get fired?  


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Followup To
Question -
Hello, I not sure as to what to do.  I am really stressed out in my job.  The workload is increadibly heavy.  It has gotten to the point where I need to take it home so I won't be too far behind.  My boss believes by workload is not heavy at all.  I have not gone in her office to inform her that it is too much for me because she will say "stay late....work weekends.... take it home" as she has to other employess. It is my responsibilty to do what I have to do to keep up.  It seems as my life is my work.  
Now, here is my dilema...I have been thinking of finding a new job.  The thing is that I have been waiting 1 year and 10 months for a transplant.  The average waiting time is 2 years but of course it can be less or even more.  I am skeptical about getting a new job because what if I get hired and then I get the call?   I don't know what to do.  Should I stay or leave?
Answer -
Hi Mayta - I will give you a more detailed answer later today or tomorrow.. but first I wanted to make sure I have the situation straight.  Could you confirm or correct the following?

You are in a job that is way more work than you can keep up with.  You don't feel you can get help from your boss.  You want to look for a new job but you are afraid that soon after you started the new job you would be called to het your transplant.

Is tyhat right?

Can you clarify what your concern is about that?  Areyou worried about how the new employer would react to your needing to go on medical leave right away?  Or whether you would be eligible for medical leave?  Or whether you need to tell the prospective employer about the transplant before you are offered the job?  Or what?

Also are you at all interested in advice re your current workload situation?

Thanks!  Let me know more about your situation and I will get back to you.

Nan Hawthorne

Answer
Before I answer your qurstions, I want to make clear that I am not an attorney and cannot advise you legally.  I recommend you explore the Job Accomodation Netowrk (I'll get you the web address.) where you will find more authoritative answers.  All I can give you is what I _understand_ to be the facts.  Do not take anything I say as a legal opinion.

Under the Americans with Disabilities Act, you are not obliged to tell a prospective employer of a disability unless the disability would prevent you from doing the work even with appropriate accommodations (such as in the case of a blind person, a talking computer, for example).  You don't have to tell hinm/her after you are hired either - you must tell the employer what tools you need to do the work, but so long as you can do the work.

Anemployer may not fire you for having a disability.

Also read up on the Family and Medical Leave Act, which requires employers to keep your job for you if you need to take off for surgery or other related issues.  There is a time limit on how long they have to keep it though.

Health insurance is another matter.  COBRA laws make it a requirement that you be aloowed to continue coverage from your current job for a period of time.. but you have to pay for it.  And you might want to check with your syate insurance commission office whether the insurance at a new employer can rule out any preexisting conditions.

You have an extrremely difficult situation.. complicated.  If it were me, I would stay where I was until I had the transplant.  I would look for solutions to the workload.  I would sit down with my supervisor with well thought out information.. for instance, keep a  log of how long it takes to do each of the things you are assigned to and then take that to her.  If it adds up more time than you have., ask how you can manage the workload.  I find that when employers are asked to help rather than just complained to they can be more reasonable.  Worse comes to worse, just realize you can't do the impossible.  Do the level best you can.  I know you did not want advice about the workload, but even though you may be safe moving to a new job, if it were  me, I would not chance it.

Feel free to contact me at my email [email protected].

I will give you the web addresses I reference above next.

Good luck.. you are in an unenviable position.

Nan Hawthorne

JOb Accommodation Network
http://www.jan.wvu.edu/

Family and Medical Leave Act
http://www.dol.gov/esa/whd/fmla/

COBRA
http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.html

Reduce Your Workload
http://www.garfinkleexecutivecoaching.com/articles/reduce-workload.html