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View Full Version : Ohio- fired while on medical leave


cry884
02-20-2005, 02:08 PM
My cousin was fired from her job at a hospital as a nurse's aide. She had required a 10 day stay in that hospital, so I know it's not that they thought she was faking her illness. They fired her while she was on medical leave. I was wondering what her options were- in regards to getting her job back when she's well again or at least getting unemployment. If you need further information, I can ask her for any clarification you need. Thank you.

LConnell
02-20-2005, 02:14 PM
Her job is protected as long as she qualifies for Family Medical Leave Act and she followed the requirements required of her. The FMLA states that covered employees must have worked at least 1,250 hours within the last year (and the person has at least one year of service). There are also other eligibility requirements of both the employer and the employee. Short of meeting those requirements and assuming that she is being treated the same as any employee who misses work for the same amount of time, there is nothing else that can be done. You can read more about FMLA at: http://www.dol.gov/esa/whd/fmla/

John S
10-16-2005, 11:15 AM
i had a stroke in march of 05 my employer called me on 10/13 /05 and said i will not have insurance as of 11/1/o5 and they are going to fire me .ihave bin there over 1 year and have lots of hours in .all of my doctors say i will be able to return to work.they have never offered cobra or any thing else. they want me to pay back the money they have spent on my insurance coverage since march 05 i need my job i am in therapy.

cbg
10-16-2005, 11:26 AM
If you have been out of work since March, your employer has held your job FAR longer than they are required by law to do so. They could legally have termed your employment as far back as June but they've kept your job open for you until October. The fact that you will eventually be able to return to work does not obligate them to hold it for you forever. If you are not able to return to work now, they are within their rights to term your employment.

They have up to 44 days to send you COBRA notification.

What portion of the insurance premiums, and how far back, are they asking you to repay? This may or may not be legal but you have not provided enough info to say.

John S
10-16-2005, 04:41 PM
If you have been out of work since March, your employer has held your job FAR longer than they are required by law to do so. They could legally have termed your employment as far back as June but they've kept your job open for you until October. The fact that you will eventually be able to return to work does not obligate them to hold it for you forever. If you are not able to return to work now, they are within their rights to term your employment.

They have up to 44 days to send you COBRA notification.

What portion of the insurance premiums, and how far back, are they asking you to repay? This may or may not be legal but you have not provided enough info to say.
they are asking me to re pay clear back to march 05 because i have not been working .this is all i know at this time.thank you for your time

cbg
10-17-2005, 09:20 AM
Okay, that being the case, we need to know the following:

How many employees does your employer have within 75 miles of your location? You don't need the exact number; above 50 or below 50 will do.

How long had you worked for this employer before March of 05?

In the 12 months immediately preceding your leave, had you worked a minimum of 1,250 hours?

What state are you in?

John S
10-17-2005, 04:34 PM
Okay, that being the case, we need to know the following:

How many employees does your employer have within 75 miles of your location? You don't need the exact number; above 50 or below 50 will do.

How long had you worked for this employer before March of 05?

In the 12 months immediately preceding your leave, had you worked a minimum of 1,250 hours?

What state are you in?above 65 employees. over over 4 hundred hours. yes i have worked well over 1.250 hours i am in ohio and the company is based out of ohio.

cbg
10-17-2005, 04:58 PM
Please clarify how long you had worked for the employer at the time you went out on leave. I'm looking for the number of months or years.

John S
10-17-2005, 06:51 PM
1year @ 21days

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