Susan's Place Logo

News:

Based on internal web log processing I show 3,417,511 Users made 5,324,115 Visits Accounting for 199,729,420 pageviews and 8.954.49 TB of data transfer for 2017, all on a little over $2,000 per month.

Help support this website by Donating or Subscribing! (Updated)

Main Menu

NEW FAMILY AND MEDICAL LEAVE ACT REGULATIONS TO AFFECT TRANSGENDER PEOPLE

Started by mickie88, December 18, 2008, 11:44:33 AM

Previous topic - Next topic

0 Members and 1 Guest are viewing this topic.

mickie88

ok ladies, gentlemen and all us others who blur the gender continuum  :P

if this has been posted before i seriously apologize, but it isn't something we should take lightly as a lot of us our still fighting for rights period in our living areas.

i just received this rather disturbing email from Mara Keisling from the NCTE:


NEW FAMILY AND MEDICAL LEAVE ACT REGULATIONS
TO AFFECT TRANSGENDER PEOPLE


 

December 11, 2008   
Dear Friends,

I wanted to make you aware of some changes to the Family and Medical Leave Act (FMLA) that could impact the lives of transgender people.  The FMLA was enacted in 1993 to ensure that employees would be able to take unpaid leave from work in certain circumstances related to medical care for them or their families.  The emphasis on medical privacy in the original FMLA is especially vital for transgender people. 

However, on November 17, 2008, the Department of Labor published final regulations for the FMLA that erode medical privacy and could have long-lasting adverse effects on transgender people when they take effect as planned on January 16, 2009.  These new regulations appear to be part of the Bush Administration's final effort to enshrine ideologically driven policies in advance of the Obama Administration taking office.
IMPACT OF THE NEW REGULATIONS 
 

The new regulations reveal private medical information and could subject transgender people to harassment and discrimination. 
Unlike the current policy, the new policy requires doctors to list their specialization as well as medical facts relating to the employee's condition on the medical certification form given to one's employer.  A person's transgender status could be revealed, requiring the individual to choose between a job and important medical care related to transition.
The new regulations allow the employer to contact the employee's health care provider to authenticate the medical certification, as long as the employer representative making that contact is not the employee's direct supervisor.

The new regulations allow employers, not doctors, to determine whether an employee has a serious health condition that would make them eligible for unpaid leave.
Because the recovery times for transition-related surgery and treatment are often extensive, it is extremely important that employees be allowed to take leave when doctors say it is warranted, regardless of whether employers believe the time off is medically necessary.
Family members may have to reveal the transgender status of their partners, children, or relatives to receive leave.

A family member who is trying to take FMLA leave to care for their partner, child, or relative may be subjected to increased harassment and discrimination, and the family member's FMLA claim may be denied.






Over the next few months, we will continue to update you about the work NCTE is doing to protect your medical privacy.  In the meantime, we urge you to contact your Members of Congress to encourage them to expand FMLA and to encourage them to work with the Obama Administration to repeal these harmful regulations. 

Sincerely,

Mara Keisling
Executive Director
NCTE 



  •  

Candygirl

This is not new. I dealt with a very similar situation many years ago.

My employers health care insurance provider, required that you had to go see their physician first. Then the physician would contact the insurance "Gate Keeper" and seek approval for your needs. At that time, I wanted to start seeing a Psychiatrist that dealt with Gender-Issues, and who would help me with HRT.   This took place on a Tuesday. By Mid Friday of the same week, I was called into the Owner-Managers Office, and told I wasn't going to work out with the company. I had been employed nearly a year by that time.

When I questioned why I was abruptly being terminated, all he said was, "after reviewing the companies needs, and looking at future directions, we feel that your position is no longer needed. So, as of right now, your asked to clear your work area, and leave the building immediately." I was actually escorted out of the building!

Needless to say, I was in tears, and couldn't even think straight... on the way home, I had an accident, and totaled my car!

Later on, I applied for unemployment payments. I was rejected at first, because I had been terminated from my employer! Adding more insult to injury. I appealed, and had a hearing with the unemployment board about it. I told them the facts! They called that company, and asked about my termination...what was it based on? The assistant director gave them the same spiel...
They asked why I wasn't given two weeks notice? No reply...They asked them to send all my reviews and time card records to them... the company told them to contact their lawyer.  When the board person, told them, they were going to be taken to court for unlawful termination, they said they'd comply, and wouldn't fight my claim further... thus I won that ugly round!

I was informed by our family lawyer, that I should file suit against them for their actions. I said no, because I couldn't and didn't want that kind of attention then.

But, as it turned out, I'd have to fight several other similar situations for years...

There was then, and is today, a growing bias, hatred, and discrimination against the employed trans-gendered.  Civil rights for us, are still being usurped, or ignored.

This current administration, with all it's ball grabbing bravado, and emphasis on heroism with service to the nation, makes me sick.
As we slip down a well lubed slide to socialism, and fascism, the rights of the Gay/Lesbian/Trans Gendered are going to lose ground big time. Just look at the huge battle being waged for partnership rights and recognition of Gay marriages...the battle is on...

Medicare/Medicaid for our more elderly trans-gendered is in jeopardy...I also suspect, that sooner rather than later, those who are transitioning now, or already have, and had SRS will face government intrusion and persecution for being gay/transgendered. The Nazi's did it! So will the Obama administration.  Get ready for it...we currently are in the eye of the force 10 storm coming our way.

I am thankful to God, I already went through SRS, and have gotten married legally.

Fight for our rights, one and all here on this site!


side bar: many of you know about the assault/attempted murder I suffered when I was younger. Even then, laying there in the emergency room dying, once it was discovered that I was a really a male...not a girl as they first thought, no one wanted to touch me! The world hasn't changed much since then...some people count, others apparently don't!
  •  

tekla

The Nazi's did it! So will the Obama administration.

That a pretty huge reach, or just Godwin's Law in action.
FIGHT APATHY!, or don't...
  •  

Kaelin

I don't think Bush has taken things so much in a socialist direction as a plutocratic or corporatocratic direction.  His administration has done more in terms of supporting the businesses rather than nationalizing them.

Also, the Obama administration will not make things worse for TGs (and lol at tekla).  The greater concern is that they won't be dilligent in reversing the trends set by the Bush administration or not seeking sufficient rights-protections (either by neglecting their issues in favor of addressing other matters, or by settling for GLB-only compromises).

What the heck is up with comparing Nazis and Obama?  I mean, are we doomed to now have all of our Presidents compared to Nazis, regardless of their merit?
  •  

Kate

QuoteThe new regulations allow employers, not doctors, to determine whether an employee has a serious health condition that would make them eligible for unpaid leave.

Hmmm. I just made it a point to never miss a day of work or take any vacation days until I'd earned enough time to take time off normally.

~Kate~
  •  

mickie88

Quote from: Kate on December 18, 2008, 02:26:17 PM
QuoteThe new regulations allow employers, not doctors, to determine whether an employee has a serious health condition that would make them eligible for unpaid leave.

Hmmm. I just made it a point to never miss a day of work or take any vacation days until I'd earned enough time to take time off normally.

~Kate~



lol hope you don't develop anything serious while that time adds up.
  •  

Renate

Quote from: Rene' aka candygirl on December 18, 2008, 01:52:10 PM
There was then, and is today, a growing bias, hatred, and discrimination against the employed trans-gendered.

Thank goodness then that so many of us are unemployed! :laugh:
  •  

Candygirl

There is a whole new power struggle in the making. It will change the course of America, as well as the world. Socialism and Fascism are coming. A "New World Order" so to speak.    Read the books "Happy Fascism" by Goldberg, or "The 5000 Year Leap" by Skousen. Read the Federalist Papers. Read about the German Wiemar Republic/Government, and what they did, that brought them down, and then created the power vacuum that lead to Nazism. Which was a radical reaction. And wrong! Compare the information, and look where we are headed.

I am not comparing B. Obama to Hitler. Nor even G.W. Bush. No one is a Hitler wannabe. Thank God!  It is the times in which we find ourselves, and the reactionary things being done, to control the masses and their perceptions, that you should be concerned about. The Government wants to own and control us, from cradle to grave. Systematically, our rights are being chiseled away. Little by little, our children are being indoctrinated to a new vision beyond the control of parents.  National ID cards are in the works, and they will in turn track your movements. "Papers Please!" There is a move to incorporate RFID micro chips into license plates, that can be scanned by traffic camera's.  Does any one perceive the constant propaganda we are being fed? Has anyone seen the "Citizen Soldier Film" showing in theaters lately?  Has anyone studied propaganda, and how it is used and works? Did you know that there are some ,within our current body of policy makers, who are studying Dr. Joesph Paul Goebbels writings?  One of the most checked out books in the capital library, is on Marxist philosophy/Joesph Stalin's vision and implementation of it?  What is coming, isn't a new found or refreshed civil freedom. It is the exact opposite. Does anyone understand how misdirection works?

Our government talks palaver and offers useless pabulum!

My grandparents fled Europe in the early 1900's, and they told us kids about what it was like. What happened then, is returning again, and to our shores as well. Gays,Lesbians, plus many other fringe groups, were routinely rounded up, and sent away.
If we too, are so deemed undesirable in our times, what will happen?

I know this is the wrong place,forum to get political, but it nonetheless bears pointing out.

It isn't going to be Roses and Lollipops under an Obama leadership. I doubt very much that anyone can deliver those things.  Big trouble is brewing, and many are trying to cover that fact up.

The current bailout's are a mirage of rescue, as the world's ship sinks.   The bailout's are also a move to nationalization of capital industries and monetary systems... Here is a major example of the redistribution of wealth...

Eight Billion plus humans on the globe, and resources are running out. Patience is running out. Time is running out. They just advanced the Nuclear Armageddon Clock by a minute...WHY?

All this and more, thus do you actually think, that our particular civil rights are a priority to anyone?  Insurance company behavior and employer attitudes are the first harbingers of many more , we should be alarmed about...

It helps I can be within a personal circle of friends and associates who discuss this stuff. We have some friends who have lost hundreds of thousands of dollars of assets, due to the economy crash. They are P.O'd.  One in particular has lost over a million. She is furious. Some are business owners, and employers, who are very worried. They discuss insurance problems frequently. Some feel they are being taken advantage of by their employees...they are angry! They are always looking for ways to cut costs...My husband is glad he sold his business four years ago. So am I. We pay for our own insurance coverages out of pocket...

Wrong forum I know, forgive me this one time. Of course; no one has to believe a single word I have written. My intent is not to be an alarmist, or doomsayer. Opinions are subjective. Opinions vary. Opinions are like fundaments, everyone has one! Myself included...I have a nagging suspicion I am going to regret this post....I will never discuss any of this again here...promise
  •  

andy6432668

 This is not new. I dealt with a very similar situation many years ago.

My employers health care insurance provider, required that you had to go see their physician first. Then the physician would contact the insurance "Gate Keeper" and seek approval for your needs. At that time, I wanted to start seeing a Psychiatrist that dealt with Gender-Issues, and who would help me with HRT.   This took place on a Tuesday. By Mid Friday of the same week, I was called into the Owner-Managers Office, and told I wasn't going to work out with the company. I had been employed nearly a year by that time.

When I questioned why I was abruptly being terminated, all he said was, "after reviewing the companies needs, and looking at future directions, we feel that your position is no longer needed. So, as of right now, your asked to clear your work area, and leave the building immediately." I was actually escorted out of the building!

Needless to say, I was in tears, and couldn't even think straight... on the way home, I had an accident, and totaled my car!

Later on, I applied for unemployment payments. I was rejected at first, because I had been terminated from my employer! Adding more insult to injury. I appealed, and had a hearing with the unemployment board about it. I told them the facts! They called that company, and asked about my termination...what was it based on? The assistant director gave them the same spiel...
They asked why I wasn't given two weeks notice? No reply...They asked them to send all my reviews and time card records to them... the company told them to contact their lawyer.  When the board person, told them, they were going to be taken to court for unlawful termination, they said they'd comply, and wouldn't fight my claim further... thus I won that ugly round!

I was informed by our family lawyer, that I should file suit against them for their actions. I said no, because I couldn't and didn't want that kind of attention then.

But, as it turned out, I'd have to fight several other similar situations for years...

There was then, and is today, a growing bias, hatred, and discrimination against the employed trans-gendered.  Civil rights for us, are still being usurped, or ignored.

This current administration, with all it's ball grabbing bravado, and emphasis on heroism with service to the nation, makes me sick.
As we slip down a well lubed slide to socialism, and fascism, the rights of the Gay/Lesbian/Trans Gendered are going to lose ground big time. Just look at the huge battle being waged for partnership rights and recognition of Gay marriages...the battle is on...

Medicare/Medicaid for our more elderly trans-gendered is in jeopardy...I also suspect, that sooner rather than later, those who are transitioning now, or already have, and had SRS will face government intrusion and persecution for being gay/transgendered. The Nazi's did it! So will the Obama administration.  Get ready for it...we currently are in the eye of the force 10 storm coming our way.

I am thankful to God, I already went through SRS, and have gotten married legally.

Fight for our rights, one and all here on this site!


side bar: many of you know about the assault/attempted murder I suffered when I was younger. Even then, laying there in the emergency room dying, once it was discovered that I was a really a male...not a girl as they first thought, no one wanted to touch me! The world hasn't changed much since then...some people count, others apparently don't!




The company more than likely does not want to be on the hook for that very expensive srs operation so they let you go problem solved.
  •  

Candygirl

Andy;

Bingo!  Exactly!  I was angry that they used it to force me out...it should not have happened that way.

Their motive or explanation as to why I was being terminated, was a thinly disguised lie!  I found out later, they refilled my position with a woman.

The Christian printing/publishing company that did this, was a privately owned local company. Not a National Corporation. They could do whatever they wanted, and they did. Consequently, I was out!

Lesson learned!
  •