Short Term Dis or FMLA

[king684]

I need some specific help on a earlier message I posted, because I need to be very careful and not do anything to hurt my family.

i have worked at a firm (automotive) for 9 years as an accountant. Recently an illness in my family has caused me to miss time and honestly not perform up to my usual standards. I was told to take an FMLA or get a probationary review in February. I took the review because we are not in a position to absorb me not being paid. Later I had a review that was "meets expectations"; however, several days ago I was called down to personnel and told I had 3 options: quit, be fired, or be put on a final probation that lets them fire me for the smallest of things.

I have had a history of panic attacks off and on (about 7 years), and truly I am a mess right now. I can't eat, sleep, and am having severe panic attacks.

The odds of me surviving the last chance probation are very thin with this going on. i have gone to the doctor and have been seeing a therapist for about 4 months since the family illness. Both will write letters as they are seeing me so distraught - it is legite, no deadbeat excuses to keep from being fired.

I know I can take the fMLA for the family illness and not be fired. I do also have just cause for a STD claim. Should I be scared to go in and request this STD with the doctors notes and take the FMLA and try to find another job quickly, or can I file this claim (without being terminated) and look for work while being paid and avoiding the stress involved with the job right now.

Can they terminate me and I still get the benefit paid. I am confident I can find a job within 6 weeks or so, it's not like I don't want to work- it has just become impossible in the given situation.

PLEASE HELP

 

[Beth3]

Nobody can tell you exactly how your employer will respond. What I can tell you as an HR person and employment law specialist is that presented with this situation, once you apply for FML with the appropriate medical certification, you should be protected for up to 12 weeks. Your employer clearly has not yet made a decision to terminate you. If they do so after you apply for FML, they would be creating significant legal exposure for themselves as it will look like they term'd you for exercising your protected rights. Same goes for filing an STD claim. If your employer should foolishly terminate you, they would be unable to separate the two. They simply can't legally support the argument that "we didn't fire him for taking FMLA, we fired him for applying for STD." Either way, they'd be in big trouble with the DOL.

Given the precarious nature of your present mental health that you describe, it honestly does seem that taking leave and applying for STD is your best option.

If you do use the leave time to actively look for work, you will be running some risk should your employer get wind that you are interviewing. On the one hand, they may be happy about that (sometimes an employer is pleased when someone decides to move on) and do nothing. On the other, they may question how it is that you're too unwell to come to work but you can go out on job interviews.

 

[king684]

Beth3, thank you for your help.

If they find out i'm looking it seems to me that there is a big difference between being able to function at a job where you are under intense scrutiny, to interviewing in time and being in a position to start fresh? That is my point, i may be able to juggle everything without that scrutiny.

I also worry about how I would function at a new job, but I think with a clean slate and some time on medication I would be able to overcome it.

Thanks again for your help!