Keeping my job and my health????

[kokoro]

Colorado:

I work in Water for 12 months now and have been employed full-time the district has 80 plus full-time employees.

Basic scenario: 6-11 had microdisechtomy surgery. Went bad, I was unrestrained while coming out of antethesia and kicked a nurse. In retrospect I am positive I reherniated my disk while they wrestled me down.

Weeks following, tons of pain, all sick leave and vacation used and some temporary disability (approx 4 weeks worth)

7th week after surger wound up in ER unable to move from intense spasms. MRI shows Larger herniation a week later I have emeregency surgery.

In two weeks back to work and all is much better but a haunting lowerback pain and finding out my doctors are CYA'n so much I can't trust them.

16 weeks later Pain started happening at work from lifting, This weekend same debilitating pain has hit but I am not at a place to go to ER yet. I am scrambling for legal advice and a new doctor. I believe fusion in now unavoidable.

My concerns and need for help:

1) malpractice lawsuit towards my surgeon and auxillary staff
2) Keeping my job!!!!!

#2 is the most important. I live in employee housing and if I lose my job I will become homeless.

Why am I concerned: My boss told me after my second surgery that he had spoken to our HR person and she said, "If you need to replace the position then you need to replace it." My boss was telling me, to his credit, to really keep my health up so I don't wind up losing my job. Now, though trying my hardest, I am faced with certanity I will lose much time at work (e.g. fusion can be recover of 1-12 months).

So, How do I protect my rear with a situation I have no control over???

Please help, I am desperate:

kokoro

 

[JETX]

Duplicate post.
For responses, go to: https://forum.freeadvice.com/showthread.php?threadid=164835

 

[kokoro]

Sorry JETX,

I felt it was both job related and malpractice so I posted in both and changed this one a bit for employment purposes.

Can I still keep this thread?? Or do you think it would suffice for those who can help to go to the other post?

Sorry again,

K

 

[Beth3]

Under federal law (the Family and Medical Leave Act), your employer need only provide you with 12 weeks of leave per calendar year or per rolling 12-month period. (Your employer has an option of how they want to track this, as long as they use the same method for all employees.)

Unless you are entitled to more leave time by Colorado State law (doubtful) or by municipal regulation or policy (possible), then it is entirely possible you will lose your job if you need to take additional leave time. You need to contact your HR Department and ask them about their leave policy so at least you'll know what you're dealing with.

 

[cbg]

The state of Colorado does not require that employers offer any more than the 12 weeks designated by Federal law. Obviously, I can't speak to any municipal statues or policies.

 

[kokoro]

Thanks for the input Beth3 and cbg.

Is there any tactical advice on when a person can ask for a family leave act?

For example, where I work I have great benefits that include temporary disability (2/3 pay). Can an employer "out of the blue" just fire you when you are claiming temporary disability?

Or, would they have to give some sort of warning that would give me the cue to file for the family leave act?

I know Colordo is a hire/fire at will state. But I also know my company is very tactful in order to avoid possible lawsuits and hence like to play by the "clean book."

I'm scrambling here because I don't know how long my back is going to hold out... Sorry if the info here is jumbled, I will gladly clarify anything anyone might need. Just ask.

Thanks again,

K

 

[cbg]

A company cannot fire you specifically for the purpose of preventing you from claiming benefits. However, they are likewise not required to keep you employed (if you would normally have been fired, terminated or laid off) JUST BECAUSE you would will be using the benefits either.

They are not required to give you any warning so that you can claim FMLA. If you require FMLA, claim it. But if you don't, claiming it in order to "prevent" being let go is an abuse of FMLA and you can be fired for that.

FMLA is for a maximum of 12 weeks. Regardless of your medical condition, if you are unable to return to work at the end of 12 weeks they can legally fire you.