I am employed by a large retail firm. I am a salaried employee with the title of Store Manager. I have been working for this company since May of 2003.
I was directed by a Medical Doctor to have a surgery done, involving a tumor by my brain. The surgery was performed and I went out on disability. I was not aware that this was to be covered under the FMLA rule and only be allowed 12 weeks off, before my job was in jeopardy.

I received a phone call to return my store keys, because I was being replaced at the assigned store. The reason was because I had exceeded the 12 weeks allowed under FMLA. I did not request FMLA leave and was not aware that I was under this and would lose my position, if I did not return to work, within the 12 weeks.

My question is: Isn't it a requirement under the Federal FMLA guidelines, that I must be informed of being placed under FMLA and the time cannot be started unless they do inform me of this? Also can my position be pulled and I be reassigned to another store, one that would require a relocation?

Isn't it a requirement under the Federal FMLA guidelines, that I must be informed of being placed under FMLA and the time cannot be started unless they do inform me of this?

That depends on who you ask. The US DOL says yes.

However, in 2002 the US Supreme Court ruled otherwise. In Ragsdale v. Wolverine, the Supremes ruled that while prior notification of FMLA was definitely preferred, an employer's failure to provide such notification does NOT entitle the employee to additional leave, as long as such failure to notify does not result in the employee receiving less leave than they are entitled to. Under the law, you are only entitled to 12 weeks of leave, and you received that. If you are still unable to return to work, under Ragsdale the employer is under no legal obligation to offer you an additional 12 weeks because they didn't mention FMLA to you at the beginning.

BTW, you do not have to ask for FMLA. If you have a condition that qualifies as a serious health condition under the statute and both you and the employer otherwise qualify for FMLA, your employer is required by law to offer FMLA protections to you whether you ask for it or not.

Does this mean that I am out of a job? If so, can I get unemployment in South Carolina? How does it go on my record? Quit or Fired? I am still receiving disability pay from my employer, does this now stop? Even though I am supposed to receive 6 months of Short term disability pay? I am really confused about all of this?

Thanks

Phil5105 :eek:

Yes, it means that you are out of a job. They have no legal obligation to hold your job for you once your 12 weeks of FMLA has expired.

It goes on your record has having been unable to return to work for medical reasons. That is neither a quit nor a firing. It will probably show as an involuntary termination but that is NOT the same thing as being fired.

I would have to have read your disability policy to give you a definite answer, but in 25 years of administering benefit plans I have never seen and only once heard of a plan where benefits stopped at the end of your employment. The overwhelming likelihood is that your disability benefits will NOT stop.

I have not had surgery yet, and I have only worked for the company for 6 months, and am being told that I do not even qualify for FMLA. I fully believe that they will fire me if I do have the surgery. The reply that you got about the disability is a relief to me. But, what about your health insurance? Is that going to continue for your follow up care and meds?

pip48, I answered your question in the specific thread you started. Please post your question only once. All the responders here read all the forums. This thread has been dormant for nearly a year. Thanks. :)