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Disability Retirement?

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powersd

Junior Member
What is the name of your state?undefinedWhat is the name of your state?Maryland

I have been an employee with the state of Maryland for sixteen years. I have a number of health issues and have been allowed to work part time for over two years taking unpaid leave (all my sick leave goes to pay back leave that was advanced to me 2 1/2 years ago). We recently got a new director who called me in and told me I was going to be put on FMLA and that I was to apply for retirement disability ...no ifs, ands, or buts. I said "Are you saying I have to leave?? She said "Yes, it's time."

FMLA was made retroactive to the beginning of the year. I've been told by our HR person (who is a friend) that as soon as my leave runs out, I'm out of there. I've asked to be allowed to take unpaid leave or extended leave until my benefits claim has been approved or denied. Can I be let go because my FMLA has run out? Can I be told that I have to file for disability and leave my job?

While my department tells me there's an 80% - 90% chance I will qualify for benefits, that's just not good enough considering that this is the rest of my life we're talking about. What is my position employment-wise if I fail to qualify for benefits?

I have asked all of these questions and more, and I have asked to have the answers in writing, as well as written notice saying that I have to leave because my absences due to illness are unacceptable. Not only do I not get answers, I get no response at all.

The administration is trying to help me because they can clearly see that I'm having a really hard time. Because I understand this I don't want to cause problems, but as I said, this is the rest of my life we're talking about - I'm 47 by the way. Any thoughts, suggestions, advice as to where I stand? Thanks very much.

Dee
 


cbg

I'm a Northern Girl
The law permits an employer to terminate you when your FMLA runs out if you are unable to return to work.

Making your FMLA retroactive is questionable, but not illegal AS LONG AS you get the full twelve weeks the law requires.

It is not clear whether or not your condition qualifies under the ADA. However, even if it does, there are limits to what they can be required to permit. It is possible that after two years, it is no longer reasonable to allow you to work part time in a position that they need to be full time.

The bottom line is that while there is not enough information to say for certain what's going on, it is certainly possible that your employer is legal.
 

powersd

Junior Member
Disability Retirement??

Thanks so much for posting such a quick response to my questions - even though your answers weren't what I would most want to hear! As regards this statement:

The law permits an employer to terminate you when your FMLA runs out if you are unable to return to work.

What if I'm able to continue working part, but not full time?

What are the requirements for a person to qualify for extended leave? In discussing it with our HR person I was first told that it's usually only given to people who are going to die, and a week later told that it's usually only given to people who will be returning to work - quite a contradiction!

Thanks again,
Dee
 

cbg

I'm a Northern Girl
They don't HAVE to allow you to return part time if you were hired as a full time employee. They can if they wish; they are not required to.

The requirements for an extended leave are whatever the company says they are. There is no requirement that they offer extended leaves; if they do, they can set the rules.
 

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