FLMA/Disability/Returning to work

[Midwestern Girl]

Missouri

Ok in a nutshell. I have exhausted FMLA leave as of three days ago. I had a follow up with my doctor and he has not released me to work and has extended my disability for four weeks. I have been going back and forth with the adminstrator of our disability program trying to get the appropriate extension etc..I received a call from my employer today with a member of the HR staff asking me questions about work product from 6 months ago with questions about quality etc. I beleive that my employer is trying to sack me. My question is that I see a reoccuring pattern of our company terminating people once they return from FMLA, have had to have surgery etc due to health problems etc. Since there have been so many people...in fact I would state that about 90% of the people terminated from the company have health issues or family members who have health issues...is their any way to document discriminatory practices on their part or anything additional I can do to protect my position? They were trying to accomodate light duty but the doctor has concerns as I do about exacerbation of my current medical problem...wow this stuff is exhausting to do and go through...any help? or suggestions are appreciated.What is the name of your state (only U.S. law)?

 

[ecmst12]

Your FMLA is exhausted. You no longer have any legal expectation of getting your job back. They can fire you at any time since you were not released back to work before the 12 weeks are up. They don't need a reason.

 

[cbg]

The law gives the employer PERMISSION to fire an employee who is unable to return to work when FMLA is exhausted. There is no case to be made on the fact they do something that the law expressly permits them to do.

 

[commentator]

Terrible, isn't it? Imagine how dreadful it was before FMLA! Yes, under our current system, they can fire you because you can't come back as soon as your FMLA is over. Since this is not a work related injury, or worker's comp, they do not have any impetus to find you a light duty job you can do there.

And of course, there's the issue of health insurance, which you must do everything in your power to continue when you are terminated, following the maze of COBRA.

Do not sign anything agreeing that you did something wrong or that your performance was poor before your illness. Do NOT agree to resign in lieu of being terminated for some imaginary or trumped up misconduct on your part. They may tell you this will "protect your reference" or some such rot.

If you are terminated, file immediately for unemployment insurance. You will not be able to begin drawing checks right away, even if approved, because you are not fully released to return to work. But you need to get this claim set up, using your wages from right now, and begin the approval process. They may fight it, but it sounds as though you will have a pretty good case for having been terminated because you had to be out on sick leave longer than your FMLA. This will get you approved, and as soon as you are released by your doctor, you will be able to begin receiving benefits.

 

[cbg]

The law has to balance a matter of competing rights; the right of an employee to keep their job despite illness, and the right of the employer to have someone in the job doing the work. The law as it currently exists says 12 weeks. Maybe that's not enough, maybe it's too much. A lot depends on your point of view.

I don't want to turn this into a debate thread, but I wonder how long you think the employer should be required to hold the job open for someone who is unable to contribute to the bottom line, and for whom the employer is still paying health insurance and workers comp and unemployment and possibly even more. Six months? A year? Two years? Ten?