Loa/fmla

[Mariefe]

What is the name of your state (only U.S. law)? New Jersey

Need your advise. Had a car accident 4 months ago sustained herniated cervical and thoracic disc herniation and back injury and since then been on leave of absence where my FMLA and short term disability benefits kicked in. While on LOA 2 months after the accident I was called in by employer and sent me for second opinion with their doctor who then cleared me for light duty against my own doctor who is a spine specialist. Needless to say went back on light duty but was in so much pain that I went back on leave. Now employer called me that I exhausted FMLA time and job protection is gone. What do you think I should do? My therapy is extended by my doctor. Does the state disability kick in after fmla is exhausted?

 

[FlyingRon]

What is the name of your state (only U.S. law)? New Jersey

Need your advise. Had a car accident 4 months ago sustained herniated cervical and thoracic disc herniation and back injury and since then been on leave of absence where my FMLA and short term disability benefits kicked in. While on LOA 2 months after the accident I was called in by employer and sent me for second opinion with their doctor who then cleared me for light duty against my own doctor who is a spine specialist. Needless to say went back on light duty but was in so much pain that I went back on leave. Now employer called me that I exhausted FMLA time and job protection is gone. What do you think I should do? My therapy is extended by my doctor. Does the state disability kick in after fmla is exhausted?

You get 12 weeks FMLA protection maximum a year. It sounds like your FMLA is used up (or close to it, you aren't exactly precise).

The question is when you are eligible to work again, will he let you. If so, no issue. If not, apply for unemployment.

 

[ecmst12]

State disability kicks in whenever you are unable to work. It provides pay, not job protection.

 

[FlyingRon]

State disability kicks in whenever you are unable to work. It provides pay, not job protection.

Further it has no affect on the FMLA times, whether it's the State TDI or some employer private STD plan.