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  1. #1
    EagleAngel is offline Junior Member
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    Terminated while on medical leave

    What is the name of your state? NC

    My husband's employer just called him to say he'll be receiving a letter in the mail indicating that he's been terminated. He started having health problems in late February/early March 2005. After going to several doctors and having several tests a specialist took him out of work around early April until his condition could be controlled. At that time he filed for STD and was approved. In early July, after his doctor finally found a combination of medications to make his condition bearable, he was given clearence to return to work and immediately did so. On October 31st he suffered a BAD relapse, was rushed the ER - by his doctor - and taken out of work again until further tests could be done and his condition under control again. He immediately applied for STD and was denied on Christmas Eve (it took them about two months to make a decision last time too). Now today he's told that he's been terminated. Can his employer do that while he's taken out of work at the request of his doctor? He was just told that he could appeal the decision relating to his STD a week ago. Plus they approved the STD claim last time for the same health condition. He had no performance or attendance problems prior to going on leave. He actually voluntarily worked OT beyond that that was required on several occassions. Thanks.
  2. #2
    mlane58 is offline Senior Member
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    Now today he's told that he's been terminated. Can his employer do that while he's taken out of work at the request of his doctor?
    Since he was out for so long, I am assuming that he exhausted any FMLA time he had and the employer doesn't have to keep a position open after FMLA has been exhausted. The physician doesn't make the approval to the employer when an employee is out.
    He had no performance or attendance problems prior to going on leave.
    Doesn't make a difference.
    He actually voluntarily worked OT beyond that that was required on several occassions.
    Again, doesn't make a difference.
  3. #3
    cbg
    cbg is offline Senior Member
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    Contrary to what many people appear to believe, there is no Federal law and no law in any state that says an employer can't fire you while you are on medical leave. The law only says that you cannot be fired BECAUSE YOU TOOK protected medical leave. Not all medical leave is protected.

    The longest an employer is required to hold your job, barring a state law to the contrary, is 12 weeks. Once that time is expired, they have no obligation to hold his job any longer. If I am not mistaken the longest any state requires is 24 weeks,and the state that requires that long is not NC. Nothing in the law requires that his job be held indefinitely. This remains true no matter how exemplary an employee he is or how much overtime he worked.
  4. #4
    EagleAngel is offline Junior Member
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    Can he file for unemployment in this situation? He obviously can't look for another job until his medical condition has improved.
  5. #5
    mlane58 is offline Senior Member
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    Can he file for unemployment in this situation? He obviously can't look for another job until his medical condition has improved.
    Absolutely he can file and it will be up to your state's unemployment board if he is granted unemployment benefits.
  6. #6
    cbg
    cbg is offline Senior Member
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    I have to warn you, though, that in most if not all states he must be able to work and actively looking for work before he can collect unemployment. He may not be able to collect until he is released to work by his doctor.
  7. #7
    EagleAngel is offline Junior Member
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    That's what I'm worried about. Plus I believe his now former employer has some say so in whether he can collect unemployment. He's going make some calls on Monday to see what his options are at this point. The whole situation just doesn't seem fair because he wants to work but can't because he gets sick almost everyday. Meanwhile those who don't want to work are being taken care of by what we pay in taxes. We had a baby right after he started to get sick, so it's been difficult emotionally and financially. Because of my income we can't get any kind of assistance. It doesn't matter that we have a mortgage, car note, medical bills, and other expenses. But I digress...


    Thanks to everyone who responded.
  8. #8
    pattytx is offline Senior Member
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    The employer does not decide who gets UI benefits, the state does. If he wants to file, he can. If, upon notification of the filing, the employer chooses to protest, they can. Then there will be a hearing and an administrative judge will decide.
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  9. #9
    faithnlve is offline Member
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    How come noone has mentioned him applying for disability? He can receive this if in fact he cannot work. His doctor can help him with what he needs to apply. Faith
  10. #10
    pattytx is offline Senior Member
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    Probably because we assumed that if he had disability coverage he would have mentioned it. There is no state plan in North Carolina.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  11. #11
    faithnlve is offline Member
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    I understand that. But why can't he still apply through the state for disability? SSI for instance along with social security. Faith
  12. #12
    pattytx is offline Senior Member
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    SSI is a federal benefit. Supplemental Security Income.
    [url]http://www.ssa.gov/pubs/11000.html[/url]
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  13. #13
    EagleAngel is offline Junior Member
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    I plan to look into that this week. It appears that his doctor has to feel that his condition is expected to last at least twelve months in order to qualify. I'm not sure if the time that's already elapsed counts.

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