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Laws after a "mini stroke" North Carolina

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  • Laws after a "mini stroke" North Carolina

    My father is a truck driver and was told that the new laws for DOT include no driving an 18 wheeler for 1 yr after a MI and a stroke. Now he is out of work-although still considered an employee for the same company pre-stroke, but cannot figure out what to do next. Should he apply for short term disability, try to get another job, or resign from his job ( which is on stand still). Any suggestions from anyone who has been through a similar situation is greatly appreciated.

  • #2
    Yes, he should apply for short term disability and any other benefits he may be eligible for through his employer (such as Long Term Disability if his employer offers it.) No, he should not resign - there's no reason for him to do so.

    I'm not familiar with DOL regulations. Your father may want to do some research and verify that what he's being told is accurate. If this is the case, he won't be able to get a job doing long-haul trucking for a year. He can, if he wishes, see if he can find a job with another employer doing something different. When he's able to drive a semi again, then he can decide if he wants to go back to that line of work.

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    • #3
      It is quite possible he will be out longer. If he doesn't have a STD plan through work, he can apply for SSDI.
      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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      • #4
        Thank you both for your replies. Although he did have a stroke, it was just a TIA and in the small basal ganglia area of the brain...Therefore, he has no permanent side effects from the stroke-thanks to the TPA(clot buster). He is trying to apply for short term right now and hopefully he will start to recieve so type of income...Could it be considered unlawful for his current job-the one he was employed through before the stroke occurred-to fire him?

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        • #5
          Assuming he is eligible for FMLA, then he is entitled to 12 weeks of protected leave. But if the law does prohibit driving for a year, then that won't do him much good. Depending on NC laws and the company's plan, he may very well be eligible for STD and other benefits even if he is terminated. But I believe it would be within their rights to terminate him still.

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          • #6
            I agree with RRPayroll. The company cannot violate the law and have your father work.

            The only possible way is if under the ADA your father is considered disabled and a year long leave is a reasonable accomodation. However depending on the size of the company that may not be considered a reasonable accomodation.

            Does the company also have requirements for yearly physicals in order to work? If so your father would also need to pass that before returning to work.

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            • #7
              Originally posted by HRinMA View Post
              The only possible way is if under the ADA your father is considered disabled and a year long leave is a reasonable accomodation. However depending on the size of the company that may not be considered a reasonable accomodation.
              Good point. And I suppose there is the possibility of some office/clerical positions, but given that it's a trucking company that's not particularly likely.

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