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Termination while under medical leave.

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omarion2005

Junior Member
What is the name of your state (only U.S. law)? Ohio

Good day, I wanted to know how to handle this situation that I am facing with my present company. I have been on medical leave since June 5, 2013. I have no voice and I need my voice to do my job. It was my job that made me go to the doctor. The problem started a month before and I still pushed myself to work and talk for 8 hrs. a day, 40 hrs. a week. It was my manger that found out that I still had no voice and something was really wrong and I need to get it check out. I did as my manger stated. OK, since then I have been to the ER, doctors office and now I am under the care of a specialists under going physical therapy for my voice. Now, while all this is going on I have been on a regular basis talking with my Manger and I have given her all my medical documents. I let her know when I go to my appointments, and i also talk to her after the appointment to let her know what is going on. Now when i was first put on medical leave I asked could I do anything else in the company. I asked could I help her out in the office until my voice comes back. No was my answer. I just received a letter dated 7-19-2013 from the HR department stating that I was in violation due to 3 or more days missed. Now this company wants me to see their doctors to be evaluated to see if i can perform my job. The big catch 22 here is that I have been seeing the same doctors and specialists that my company owns but on my own. It was this company doctors that stated for me to be off from work. I just had physical therapy on 7-18-2013 where i was begging to see if i can go back to work. The doctor stated that it can do some real damage to my voice and she would like me to wait until out of therapy. Then I asked her about working part time. She does not want that either but she will try. I stated this all to my manger on 7-19-2013 (the same date on the letter that was mailed to my house). also to let you know this was a condition that was not new and preexisting before I got hired on from the temp agency to the company and while the whole time I worked for that company. What are my legal options and rights do i have in handling this situation.

Also with all this as I stated to you earlier I have been in communications with my Manager the whole time and I have even been up to the job site to see her and let her see for herself that i still can not talk. Now during all this she has been reassuring me that I will be okay keep all my medical statements (which i have) and I will be fine. Also on 7-18-2013 a text message came from my manager asking to give her a number that was on my badge and when or what date could I do my physical (everyone has to do a physical). Everything was cool and fine until now, it has been down hill since the 19th of July. Also I have all of my mangers texts and copies of the doctors notes that I sent her in person and pictures. Mail, On June 26,2013 text from my manager stating " I talked to HR go to orientation, and I will be OK with having documentations from my doctor"(which I do and did give a copy). On June 27,2013 my manger sent a text stating " I will not be taking any points for being absent. You have documentation that you cannot use your voice. Please any insight that you can give will be very helpful?
 


omarion2005

Junior Member
There are two general issues here. You claim this was caused by work. Did you file a WC claim? Are you eligible for FMLA?
I am with a union with this new company but they won't even let us have a seat at the table for 6 months of working for the main company. Basically nothing really kicks in until 6 months. I am a recruiter and I need my voice to do my job but they knew this before they switched me over from a temp agent to a permanent agent. I know what Workers Comp is but what is FMLA?
 

Ladyback1

Senior Member
I am with a union with this new company but they won't even let us have a seat at the table for 6 months of working for the main company. Basically nothing really kicks in until 6 months. I am a recruiter and I need my voice to do my job but they knew this before they switched me over from a temp agent to a permanent agent. I know what Workers Comp is but what is FMLA?
Family
Medical
Leave
Act

There is certain criteria that you have to meet for FMLA. I would suggest googling FMLA.
and if you have been paying your union dues, it would not hurt to contact your union rep.
 

cbg

I'm a Northern Girl
FMLA applies when ALL of the following are true:

1.) Your employer has 50 or more employees within 75 miles of your location
2.) You have worked for this employer for no less than 12 months
3.) In the 12 months immediately preceding your leave, you have worked a minimum of 1,250 hours for this employer
4.) You or a qualified beneficiary has a serious health condition as defined by the FMLA statute

http://www.dol.gov/whd/opinion/FMLA/prior2002/FMLA-87.htm

Repeat: All four criteria must be met. If even one of them does not, then FMLA does not apply.
 

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