Recumbered my position while out on short term disability

[msmarie]

What is the name of your state?Florida
I have been out of work for 3 months on short term disability and I am having back surgery in two weeks. I was told that they are hiring someone to train to do my job and then when I get back they will move that person (or maybe me) I have been on my job 20 years, Is this a legal manuer they are doing and when you are out on disability with severe health issues can then replace you? Boy there would be some suit going on if this is true. Let me know what you think.

 

[cbg]

The maximum length of time they are required to hold your job for you is 12 weeks. After that they can legally move you into another job; in fact, after that they are not required to return you to work at all. Since you have already been out for that long they are perfectly legal. They are doing more than the law requires in putting you back to work at all.

The law has to balance your rights with theirs. They have a right to have someone in the position who can do the job - they don't have to wait for you indefinitely, regardless of how legitimate the need for additional medical leave. It may seem unfair but that's where the law drew their line in the sand.

 

[msmarie]

Hi and I dont think you understand my situatuion, and furthermore do you know for a fact that this law applies in Florida. Are you an attorney or something. I have been doing some research and I work at a government job as I understand them needing help to do my job I think your wrong about them holding my position. I am out on disability and FMLA with doctors recommedation. So you mean to say that if you got hurt and had to have a surgery that you could be replaced due to your health situation, I would think they would have a lawsuit going on with that one, especially if some of the injury is due to the workplace. No I am not on workmens comp. Well I am not going to worry too much about it with an upcoming major back surgery in two weeks, work should be the farthest thing from my mind now but I found it strange and i was told it was a temporary fix. As I am not a dumb women I do look into things and research as much as I can on all these issues, I just would like to know if this is a personal opinion of yours and if you know that thats how it works in Florida, Government job or any job for that matter. It is a great job and I would hope they wouldnt try anything frivolious on me at this point..I guess my mind just went on overload, thanks for replying. look forward to hearing from you again,

 

[cbg]

Yes, I know for a fact that this applies in Florida. FMLA is a Federal law and applies in all states.

Nothing in FMLA requires that you be granted more than 12 weeks of leave under ANY circumstances. This is not my personal opinion. This is what the law says.

Yes, I am saying that if you got hurt and had to have surgery you could be replaced IF you were out more than 12 weeks. The law does not EVER require that your job be held longer than that unless your state SPECIFICALLY says otherwise. Florida does not.

According to the OPM website, FMLA for Federal employees is limited to 12 weeks just like it is for private employees. So neither the fact that you are a government employee or the fact that you are in Florida changes one word of my answer.

This is not the first time I've answered a post of yours and been told that my answer must be wrong and that I don't understand your situation. Well, maybe I don't understand your situation, but my answers are not wrong. I am prepared to back up each and every answer I have given to you. I am not an attorney, but as an HR professional I work with employment law each and every working day. I have been working with FMLA ever since it was signed into law, and I have had more than one attorney call me and ask me for information on employment laws that they determined I knew better than they did. I don't know why you're asking the questions if you're going to disregard the answers.

I realize that what you want to hear is that as long as you are on medical leave your job is protected for as long as you have to be out and that you cannot be replaced or fired ever until you come back, but that is not what the law says and no amount of arguing on your part is going to make the law read that way.

 

[LSchmid]

Msmarie -

CBG is correct in their assessment of the federal FMLA. Now, if Florida has a state specific FMLA law you may have a right to a longer leave of absence but not under the federal regulations. The employer is only required to hold your position for 12 weeks and, if you are unable to return by the end of that time, they are well within their legal rights to replace you. This is not opinion but the law.

 

[msmarie]

Thank you Lschimd and yes I know about the FMLA I did alot of my own research and yes anyone can fire anyone and that may be true but I work for a good company and after 20 years I dont think thats their intent to do that. All this started from a question about my position being taken care of while I was out, there was no mention from my superior of any firing or anything of that nature, I was doing two people's work and my reviews have all been excellent and I work for a good place so all the stuff that was said about this was free advice and not anything my superior said to me. Sometimes people need to put theirselves in someone elses shoes for a moment and not take things so personal and because someone else speaks their opinion dosent mean they should be jumped all over. Anyhow I have looked up alot of policy in regards to the FMLA and the ADA and the short and long term policy I have from my job. I am learning alot about everything now, so thanks for your comments too. And as I stated before I am getting ready for this major surgery so I am trying not to worry about the what ifs and what can happen with my position. I just put it all in the Good Lord's hands and whatever will be will be, my main goal is to get well so I can take care of my son, and start living without this severe pain. Thanks again for responding.