Leave of Absence

[Al Iglesias]

What is the name of your state? FL

Hello to all and a special hello to Beth:

My dad (age 75) has been working for a Golf and Country Club (in Florida) as a waiter for about 4 years now and has been in the profession for about 40 years.

He was only working due to the high debt my mom mainly incurred many years ago, 50K! that never changed balance-wise since he was using a credit line to pay the minimum usually ...which we all know can take a lifetime to pay. He collects about 2100.00 a month from pension, SS from both my Mom's and his benefits and earns a net of about 1000-1200 mo at the club working about 30+ hrs. He is under their medical, but I don't know if they have short term disability.

2 weeks ago he filed bankruptcy (Chapter 7). He also was diagnosed with prostate cancer about 3 weeks ago. Luckily it is in one area and can be treated, however he has gone from 160 lbs to 135 lbs. He informed his boss Kathy that he is sick this past weekend and unable to work, since some of the time he moves chairs tables etc.. She has given him a leave of absence and requested a medical note which he will get tomorrow. She was nice about it. My question is if he can't return, which I think will be the case, does the Club let him go and he collects unemployment? I think in the State of FL you must have been let go due to lack of work in order to collect. He makes too much in benefits to collect SSI. Any thoughts from anyone on replacing his about 1200.00 a month net income from this job? can he collect short term disability if the co has it? Any input would be greatly appreciated from all.

Thanks,
Al in Tampa

 

[Beth3]

Sorry to hear about your dad's present situation, Al. Yes, if he is unable to return to work, I expect the club will let him go at some point. They wouldn't have any other altnerative.

As to collecting UC, I suggest your father apply and see what happens but the odds of his being eligible are slim. One of the minimum requirements for eligibilty is an individual's being available for work and able to work, which would appear to rule out your father.

Hope he's doing better soon.

 

[cbg]

Al, in most states you cannot collect unemployment if you are unable to work. You have to be able to work, available for work and actively seeking work before you can collect unemployment. Someone who is medically unable to work would not be eligible.

If he is medically unable to return to work, eventually the club will have to let him go. It won't necessarily be the first minute. IF he is eligible for FMLA (unclear from your post) they have to allow him 12 weeks of leave (although it does not have to be paid leave and probably won't be). It might be for longer than that, depending on the club's policy, but if it is FMLA leave it must be a minimum of 12 weeks. Your dad has worked more than enough months and probably enough hours to qualify - what we don't know is whether the club qualifies under the statute - if they have less than 50 employees within a 75 mile radius then FMLA does not apply. If FMLA does not apply, then there is no minimum time they HAVE to hold his job for him.

He really needs to find out if the employer offers short term disability. I can't tell you for absolutely certain whether he will qualify for it since I have not read the plan document, assuming it exists. But IF they offer it then it is likely (not definite) that he will qualify. Someone from his HR department, if there is one, should be able to help with that.

Florida does not make STD coverage mandatory, nor do they have a state disability plan. So coverage through his employer, if it exists, would be his best bet.

 

[Al Iglesias]

Thanks cbg and Beth:

I don't think they have 50+ employees so FMLA won't apply. Just hoping somehow my dad recovers and this is a bacterial infection that can be treated since the Urologist doesn't think the weight loss is due to the prostate.

Is it kosher for me or my dad to call and ask the club if they offer STD as a benefit to employees, if my dad can't work for the next couple of months. I am trying to get my dad at the moment to dig up his employee manual.

Thanks again guys,
Al

 

[Beth3]

Of couse you or your dad may call and inquire about any benefits the company offers that he may be able to apply for. Employees (or their family members) do so all the time.