Question on Americans with Disabilities Act vs. FMLA

[beyurslf]

My work has a new policy in place that states we can not miss work more than 3 times in any 6 month period or we will be written up. Once you are written up, the 6 month period start over form that date and all absences are counted form that day forward. (In other words, you can't miss work again for 6 months.) An absence form work is any unplanned day off work. It includes a visit to the doctor or dentist (even though this is planned time). A visit to the doctor may not be counted if you use personal days but you only get one in the year. Two times being late more than 5 minutes equals one absence.

Here is my question:

I am HIV+ and go to the doctor every other month. I am usually gone for 2-3 hours. Obviously, I will use up my personal day quickly. After that, it will not take long before I have used all of my "approved absences." I told my supervisor that I am covered by ADA (true, I looked it up) and had my doctor write something that says I see her every 1-2 months for treatment of a chronic illness.

I thought that should be sufficient to let me go to the doctor and not have it used against me. The management has said I have to fill out a health certificate with my doctor every time I need to leave for an appointment and file it with FMLA. The certificate is 5 pages and goes into my medical history way beyond what is needed. The form also requires me to sign an authorization to see a doctor of their choice at their will. The release includes the release of any tests that their doctor feels I should undergo.

I see the best doctor in the state for HIV treatment. She is nationally recognized as one of the pioneering doctors in this field. There is no way they could find a doctor who would give me better treatment. I am not "unheathly." I do not miss work. I just want to be able to go to the doctor, have my tests ran, and know that I will be fired for it.

I still think the ADA covers this. (No discrimination for persons with disabilities. I know that in Bragdon vs. Abbott the Coruts rules that even asymptomatic HIV (not sick) is covered by ADA.) But what about this FMLA thing they are making me do.

I have messages in with EEOC and an attorney here but have not heard back. I have a meeting with supervisor this afternoon to go over monthly goals. Any input is greatly appreciated!!