i am a pregnant woman, my doctor put lifting restricution on my job performance. The employer has offerd me an other job but they will cut my pay more than half, so i didn't accept the job offer. my employer wants me to take medical leave by force because of the doctors lifting notes. i don't want to take madical leave because it will be without pay, and the employer will not save my job for me. am i able to get unemployement if i am on medical leave?. can you please tell me little bit more about this medical leave?. what are the benifits with medical leave?
ArmyRetCW3
11-13-2006, 04:45 PM
Please read this Family Medical Leave Act (FMLA)
EMPLOYER COVERAGE
FMLA applies to all:
1. public agencies, including state, local and federal employers, local education agencies (schools), and
2. private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year and who are engaged in commerce or in any industry or activity affecting commerce — including joint employers and successors of covered employers.
EMPLOYEE ELIGIBILITY
To be eligible for FMLA benefits, an employee must:
1.work for a covered employer;
2.have worked for the employer for a total of 12 months*;
3.have worked at least 1,250 hours over the previous 12 months*; and
4.work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
LEAVE ENTITLEMENT
A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
* for the birth and care of the newborn child of the employee;
* for placement with the employee of a son or daughter for adoption or foster care;
* to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
* to take medical leave when the employee is unable to work because of a serious health condition.
Pattymd
11-14-2006, 03:44 AM
You can't get unemployment benefits unless you are ready and able to work and are actively seeking employment. The employer does not have to create a job for you that considers your restrictions, but still pays you the same salary. They have offered light duty and they can legally pay it at whatever rate that job would normally pay.
However, you also need to let us know if the company is subject to the FMLA and, if so, if you and your medical condition qualify.
i am not eligable to take FMLA because i have been only working there for only 7 months. but they are letting me take the genarel medical leave according to the hospital policy the maximum lenght for that is 6 months, but in my pregnancy i have more than 6 months to go., in my understanding and i won't be able to FMLA after the six months genarl medical leave. I have told the employer i can work in general radiology Dpt. my doctor didn't approve for me to take any medical leave, but the employer is forcing me to take it becsue of the 15lb weight limt that the doctor wrote. so i dont' know what to do now.......