• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Disabled, humiliated and confused

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

earthbound105

Junior Member
What is the name of your state? IL

I have a disability covered under ADA and am receiving LT disability thru my employer. I just finished up my FMLA which consisted of me working at PT status instead of FT status. My employer now wants me to return to FT. My disability does not allow for that. My employer is now hiring someone else to due my job at FT while I continue on and help train them for my job. My disability company says I have to continue showing up for work until my employer tells me when my last day will be. I feel compelled to comply so I don't lose my disability checks. Is this legal? Do I have to keep showing up for work and train someone else to do MY job? By the way I work for a physical rehab hospital and they don't want to accommodate me by allowing my position to be 2 PT people instead of 1 FT person. So much for that caring spirit. How can I best leave without losing my disability?
 


Beth3

Senior Member
It's legal for your employer to replace you if your 12 weeks of FMLA are exhausted and you can't return to full-time status. If your doctor has authorized you to work part-time, yes, you need to continue reporting for work and performing whatever duties your employer requires. If you refuse, your employer can terminate your employment immediately.

What effect that will have on your LTD benefit isn't clear since no one here can read the terms of the Plan.

How can I best leave without losing my disability? Continue to report to work and do your job to the best of your ability until your employer tells you you're no longer needed.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top