PDA

View Full Version : Massachusetts


cassikin
03-19-2007, 01:46 PM
hi everyone, first time here...
quick(?)synopsis:
~i am a registered nurse, belong to the mna (union) worked for 5 years at my job, always good reviews, never out sick, happy employee.

~jan 2006 had scheduled, necessary surgery...developed complications which required a 2nd major surgery...again developed different and worse complications!
~meanwhile, am using up all personel, vaction, holiday and sick time etc. the union gave me sick time as well.
~in june went on disability while i continued treatment for complications. also received a letter stating my position was terminated as i was a hardship for the company(it's a large company), they continued to pay 85% of my health insurance.
~my infection began to resolve in october 2006. finally, i was cleared for work in december 2006! (by my doctor and their employee health doctor) so i contacted my human resource dept and was informed by letter, after 1 month (16 phone calls, numerous applications for posted jobs and multiple emails to the union)...that i "voluntarily quit". which i did not and don't want to...i want another job (many are posted).
~when i speak to the union they say, "we are working on it" and i cannot find out anything. (i have also applied for 15 jobs outside this organization and the pay difference is huge)
~any ideas on what my options are? should i be looking for an employment atty? thanks so much for taking the time to give me your thoughts.
cassikin

cbg
03-19-2007, 02:11 PM
Your option is to work with the union on this. As far as either Federal or Massachusetts law is concerned, the MAXIMUM length of time your employer was required to hold your job was 12 weeks. Once that 12 weeks was expired, any additional time you were entitled to was through your union contract.

cassikin
03-19-2007, 04:38 PM
thank-you cbg....
that is good to know. for some reason (obviously a wrong one) i thought you couldn't be terminated for illness. i thought of myself as an inactive employee...still part of the company (also wrong)...the union rep led me to believe i was an internal candidate vs an external one. is it customary for a company to continue health ins benefits? they paid 85% while i was on disability...or was that a mistake? someone told me that shouldn't have happened.

cbg
03-19-2007, 10:57 PM
They must continue health insurance during the period of time covered by FMLA. The law does not require that they continue health insurance once FMLA expires (the end of the 12 weeks). Some employers do, but it is not required by law; it's up to them whether to do so or not.

cassikin
03-20-2007, 12:17 PM
cbg,
i appreciate the clarification and
again i thank-you for your input.
guess i better go look for another job!;]
best wishes,
cassikin

Massachusetts labor Law Posters
Comply with Massachusetts regulations with one Complete Massachusetts Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.