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  • Laid off on STD MD Maryland

    Please tell me if something can be done. I had FMLA (maternity leave), which was over on February 22d, then i asked my employer to give me additional 2 weeks of unpaid time off, i must to come back on March 9th, however on March 6th i fell down from the stairs at home, and broke my right ankle. I had surgery, and my doctor faxed an excuse slip where stated that i will be disable for 6 weeks. On March 17 i received a letter from my employer that terminated me because i did not come back to work on Mach 9th. I don't have STD Benoit,. I applied to unemployment, but i think i am not eligible because i am unable to work. Please advice. Does an employer has rights to terminate somebody while disability?
    Thanks

  • #2
    Yes. Once your FMLA has been exhausted, the employer can legally terminate you, STD or not. And you are correct that if you are not medically able to work, you cannot get UI benefits.

    I feel for you, though. Must be hard to take care of a new baby with a broken ankle.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Yes, they do. Contrary to popular belief, STD benefits convey no job protection whatsoever. It is FMLA, which often but not always runs concurrent with STD that provides job protection. From what you say, you are already out of FMLA time (you get 12 weeks per 12 month period, not 12 weeks per occurrance). If you are out of FMLA, your employer has every legal right to terminate you unless you have a legally binding contract or CBA that says otherwise, regardless of any additional short term disability conditions you may have.
      Last edited by cbg; 03-27-2009, 03:19 PM.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        I believe cbg meant to say "It is FMLA, which often but not always runs concurrent with STD, that provides job protection." & not "It is FMLA, which often but not always runs concurrent with FMLA, that provides job protection.

        (though marachka you might have realized/probably realized she meant that)
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          It's been a long day.....
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            & it's not over yet though I guess you are now home from work.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Yes, finally!
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                Unfortunately, if you are unable to work for 6 months, you would not be eligible for UI in Maryland.

                Technically your entitlement to return to the same job ended with your FMLA on Feb 22. The extra two weeks were just your employer being nice. They do not have to grant 6 months of additional leave on top of that. It would be a rare employer who would be able to keep someone's position open and vacant or filled with a temp for nine months.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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