Any non FMLA protection for medical leave?

[hoc11]

What is the name of your state (only U.S. law)? Michigan

I recently suffered a serious non-work related injury that is causing serious, possibly lifelong disability (although it has the potential to be fixed). I have had several surgeries to treat the injury, which I took very minimal time off (a matter of a few days), using vacation time. I recently required more surgery, which required me to go on short term disability for about 4 weeks (we have 13 weeks available on our policy, then we have long term for beyond that). My doctor cleared me to return for half days with the expectation that more (possibly a major) surgery may be required. I am still considered to be on the STD as it is covering the half days I am missing. My employer has been fine with all of this and has said to do what I need to get better. I am still worried that if I need to go out again or on LTD that they may threaten to fire me. The company is less than 50 employees so FMLA does not apply. Do I have any protection from termination through ADA or any other policy, or possible litigation I could take against them if they do try to fire me, denying me from using the disability policy? If I were terminated, would I still be afforded the disability or unemployment? I have been a highly valued employee with an excellent employment record, so there is no other provable grounds for termination other than denying the time off. I work in Michigan.

Thank you

 

[ecmst12]

They are legally permitted to terminate employment at any time if FMLA does not apply, or after 12 weeks if it does. They are not REQUIRED to terminate you though, so you can hope for the best.

 

[hoc11]

They are legally permitted to terminate employment at any time if FMLA does not apply, or after 12 weeks if it does. They are not REQUIRED to terminate you though, so you can hope for the best.

Thank you for the reply. Would I have a case for some sort of discrimination/violation of the ADA? And why do companies carry disability policies if their answer to employees who need extended leave for medical emergencies is to simply fire them? Why pay to have that policy at all then?

 

[ecmst12]

Terminating your employment won't end your eligibility for short or long term disability coverage. It will just mean that once you are healed, you will have to seek employment elsewhere. And no, it's not a violation of the ADA to fire someone because they are unable to be at work for an extended period of time due to medical reasons (or any other reason).

 

[hoc11]

Terminating your employment won't end your eligibility for short or long term disability coverage. It will just mean that once you are healed, you will have to seek employment elsewhere. And no, it's not a violation of the ADA to fire someone because they are unable to be at work for an extended period of time due to medical reasons (or any other reason).

Okay, thank you. I am not looking for a lawsuit, I am just worried about being able to get the necessary treatment and still have some source of income at this point, even if it's only a percentage of my salary. Its reassuring to know that I can still use that even if I am fired. I can look for a new job if/when this all blows over, I just want to be able to pursue treatment so I can get better without losing everything while doing it.

I am being presumptuous with all this anyway. One of my bosses is handicapped from an accident himself, so he of all people should understand what I'm going through. Plus I work in healthcare and all of the people we serve are disabled, so firing one of their own for being sick and needing treatment would sort of undermind all they do, so I don't think they would fire me anyway, but you never know.

 

[ecmst12]

Generally employers are not eager to terminate good employees, especially if their position requires a lot of training and will be difficult to replace. If they do terminate you, it would be because they can't afford to let your position go unfilled any longer - with a smaller company, sometimes that's just what business needs demand. That's why employers need to have at least 50 employees to fall under FMLA. But frequently, it's a last resort. So try not to worry too much and concentrate on getting better

 

[commentator]

If you are terminated for this condition, file immediately for unemployment insurance. You won't be able to draw out the claim if you are not fully released by your doctor to return to work, but you need to set it up as soon as possible after your termination. once you have filed, the unemployment claim is available to be drawn out for a full year from that date.

Unemployment claims are based on your earnings from the past 18 months of completed quarters. If you were to wait eight or ten months, and then your condition improved until your doctor releases you to go back to some type of work, and you don't already have a claim filed, you may not have enough wages left in the forward rolling quarters to set up a full claim.

I've seen this happen many times. If you are fired by your company due to no fault of your own, (illness or injury) though it is legal for them to fire you, as soon as you are able to work again, you are able to begin receiving unemployment benefits for this termination.

If you absolutely are not going to be released by a doctor any time soon, like within the next year, you need to think long and hard about filing for your social security disability

From the sound of it though, they may work with you. Good luck to you on this. Most people do not realize how very unprotected they are in today's work world if something bad happens to them off work.