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Laid off while on disability what should I do...?

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MissMin

Junior Member
What is the name of your state (only U.S. law)?
I am in California, I am on a stress leave from my work. I was given an option to file Workers Comp, FMLA or just take some sick days and take my vacation that I already planned. So I was not in the right mind to make any decisions. I told them for now to do the vacation. My doctor had written me off for three weeks. When I returned from my vacation I called the HR dept. They didn't realize I had one more week. I let her know I would do FMLA. HR said they would send me an email for the FMLA then called me the next day and laid me off. I wonder do I wait until the doctor releases me to fill out the Unemployment forms and stay on disability? If they said they were sending me FMLA forms and didn't then let me go... what do I do? How long can I be on the short term disability for and can I apply for unemployment after?
 


cbg

I'm a Northern Girl
How long were you out of work overall and what was the MEDICAL diagnosis? (Despite popular belief, there is no such thing as "stress leave" under the law.)
 

MissMin

Junior Member
Reply to your question

How long were you out of work overall and what was the MEDICAL diagnosis? (Despite popular belief, there is no such thing as "stress leave" under the law.)
I was written off for 3 weeks from the psychologist honestly I don't know what the medical diagnosis was. The job had given me several jobs after someone quit. Was giving me no help and all the management felt terrible for what they did to me. I had pain in my wrists and hands forearm and shoulders. Mentally was not doing well. etc.
 

cbg

I'm a Northern Girl
Okay, let's try this.

* How long have you worked for this employer?
* How many employees does this employee have within 75 miles of your location?
* In the 12 months immediately preceding your leave, did you work a minimum of 1,250 hours for this employer?
* Still need something a little more specific that you're giving me medically. Did you require hospitalization? What kind of treatment were you under for your hands? Mentally? Were these conditions related? Were they considered BY YOUR DOCTOR to be temporary and if so, how long did he think they were likely to continue?

Contrary to popular belief, it is not illegal to fire someone who is collecting disability benefits. There are certain isolated situations when your job is protected for a limited period of time (which I will grant you is longer than 3 weeks) but we don't have anywhere near enough information to determine if your situation is one of them.
 

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