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joey77c
10-14-2006, 02:01 PM
My wife started her job on March 31, now is 5 months pregnant. Her company is based in New York and her office is in our home in California. Her job consists of office work and field work in retail stores. The field work is very physical and labor intensive, i.e. lifting, standing for long periods of time, bending ect. Our doctor put her on modified work, saying she can only do office work, nothing physical. The company allowed that for about one month and is now putting her on disability saying there is no job for her without working in the field. The comp. said that Friday Oct 6 would be her last work day, but has still not sent the disability papers and has stated that she would not get supplemental pay. They cut off her pay without giving disability paperwork so now we are without her paycheck or disability pay. Do we have any recourse to have her continue working in the office? Any way to make them pay the supplemental pay even though she has not worked for one year yet, since they are making her go on disability and not the doctor? What type of disability will she go out on and will this affect her family leave, and getting her job back since she will be out for much more than 12 weeks now.

Sorry this is long winded but I just don't understand any of this and want some knowledge before we speak with an attorney or her HR department again, which has been less than helpful and downright rude to her.

joe916
10-14-2006, 09:41 PM
EDD handles disabilities too. She should contact them. She should be able to get UI or disability.
supplemental pay? What do you mean?
Does the company accomodate other temp. disabilities the same way?
All I can help. Someone else who knows more may. (I'm ignorant on pregnancy, but learning)

ElleMD
10-16-2006, 08:24 AM
Is she the only employee in CA? If not, how many others are there, and specifically how many in a 75 mile radius? It makes a big difference.

That aside, if she is not able to perform her full duties her employer is not obligated to allow her to work only modified duty. They may, but don't have to. If she can not perform the full job, then yes, placing her on leave would be appropriate. What kind of leave and how it is paid for depends on the response above.

Id this "disability" you mention a short term disability policy her employer offers as a benefit? What is the policy on supplemental pay?

Megan Ross Hutchins
10-16-2006, 10:14 AM
She needs to file for SDI with the EDD. It is not the company's fault that she can't do field work right now, and if they don't have a desk job for her right now, they can put her on a leave of absence.

She does, however, need to be aware of how long she is on leave. She is allowed a maximum of 4 months, and if she is only 5 months pregnant now, she could be required to return to work right when the baby is due.

She may want to talk to her doctor about whether she will be able to go back to full duty at some point in the near future, or whether some less restrictive modifications could be put in place to allow her to do some field work.

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