fmla / std

[rtnmz]

What is the name of your state? ohio

i am a csr last summer i had a lot of shoulder and neck pain. i had let it go do to the company i worked for was busy and short on help. in sept of 2002 i had noticed i had dropped in weight from 107 lbs to 89 lbs, then i decided it was time to see what the problem was. doctors wrote me off from work on fmla short term dis. it came down to the weight problem was just from over doing it i was doing two jobs until they finally hired some help. they had also thought i had a mass in my neck, they did mri's chest x-rays, and a c-scan. there was a small mass in neck, nothing to upseting. but on a chest x-ray they found scaring on my right lung, which can be cause neck and shoulder pain. the scaring was from i had been exposed to tb someone else had it and i had breathed in the same air. so the doctor say anyway i am still off work my right side is messed up and im right handed. the pain is now down in my right leg. tomorrow i go to take another lung test on thursday i go back to the doctor. my problem is i have already used my fmla we have up to 180 days of short term dis. my company is giving me a rough time and has been from day one. dis checks are not regular i might get one every week for a while then nothing this last time it has been 4 weeks they dropped my insurance i don't even no if the doctors are going to take me this week. the end of dec i had gotten a letter saying they would fill my position when im released if they didn't have an opening they would terminate me. when i called and asked about it, they wanted me to get a release with no restrictions. at the time i did'nt think i could do it, but i called the doctor he said no not until he seen me. i had gotten a call late in the evening from my boss saying he would see me at work 7 am day after my next appt. during these breaks in my checks they put it in reveiw from a nother company in ca it had always been approved up until now and nothing has changed. because of no insurance i have not been able to go through thearpy and have not been able to get medications filled they are very costly and i don't have the money. i may not even get released this next visit. also to add to problems court papers to me for garnishments was held from me, i had to hire a lawyer to get that fixed because it was papers that was not owed and they had started taking out of what checks i had. im starting to wish they would have fired me no matter how i look at it i have no insurance at least unemployment would have been a steady check. please advice me of who to go to or what to do.

 

[Beth3]

Your employer is only obligated to extend 12 weeks of FMLA leave to you. If your employer tracks FMLA time on a rolling 12-month basis, then it certainly sounds as though you have used up all the leave time that must be provided. If your employer tracks it on a calendar year basis, then you would be entitled to 12 more weeks of FMLA starting January 1, provided you worked at least 1,250 hours in calendar 2002.

At the end of your FMLA leave, yes, your employer may cancel your health insurance, although they have to offer you COBRA continuation (if the company employs at least 20 people) - which means you can continue your present health insurance through your employer by paying the full monthly premium yourself.

If you have used up your FMLA, then your employer has no obligation to continue you on leave or reinstate you to your former job. Anything beyond 12 weeks of leave time is up to the generosity of your employer.

By the way, if your employer was served with garnishment papers, they HAVE to take the required deduction. If they don't, then they become liable for your debt. It's not your employer's fault that an incorrect or improper garnishment was served on them.

 

[rtnmz]

the garnishment was dated dec 5th i received it the week of christmas. it had stated if i wanted to appeal it i had 5 days to do so. well when they held it my 5 days was up when i received it. if they had given that to me i could have done something about it.

 

[Beth3]

I'm not sure who the "they" is that you are referring to but an employer has no obligation to notify an employee that they have been served a garnishment for his/her wages. In a garnishment situation, an employer is no more than an "innocent bystander" who has received a court order to make a payroll deduction and send it to the clerk of courts. The employer has nothing to do with the indebtedness that has been incurred or whether the garnishment is correct or not.

 

[cbg]

btw, the fact that it was dated December 5 does NOT mean that your employer received it on or about December 5 and held it up for three weeks. I have more than once received garnishments on my employees several weeks after the date shown.