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Lots of questions before I submit my disability note

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  • Lots of questions before I submit my disability note

    HELLO ALL,
    I will be as brief and descriptive (oxymoron) as possible.
    Here are my questions, the other info is the background deets:

    I have recently received a note from my Psyc which states I need two weeks off for medical leave due to medication management
    1. I do not wish for my job to be so knowledgeable of my medical information seeing as though they are not in anyway discreet. Can I have my DR write something different for my job and still receive the time off for Medical Leave? If so suggestions of what to tell him?
    2. How will the fact that I am on State disability affect my medical/dental/etc coverage?
    3. Is my job protected? I realize they will need to bring in a temporary sub but will I have a job when I come back?
    4.I have read on other sites, I can not be fired because I took time off for medical leave BUT knowing my shady company I know I will probably get the boot within a month of return since they already have intentions of getting rid of me. Would/should I be eligible for EDD after?
    5. (Random opinion question) My note is effective Monday, the kind hearted person in me says tell them tmw but really they are trying to fire me (secretly) so I am just going to come with my note Monday! Thoughts??
    6. Can I get my disability leave extended? As of right now I am planning on extending it two weeks (for a total of a month).


    I have more questions but I am having a brain fart. THANKS for all suggestions and answers!


    PERTINENT DETAILS TO FOLLOW THE STORY: Currently work at a company (more than 50 ppl I believe) That flippin SUCKS! The job itself is not difficult but the organization as a whole is a MESS and the MOST unprofessional job I have ever worked at! In short. I have been working there for roughly 3.5yrs not allowing any of the issues (several fair housing laws I was told to break, LOTS of nepotism and "friends" hired,completely unprofessional interactions with our site staff. NOT anything interesting like sex or anything moreso the 2 top ppl and the site staff I work with all going out for drinks and making a completely awkward environment IF anybody did want to complain or bring a legitimate complaint about staff. *LET ME EXPLAIN THE STRUCTURECorporate office) PRESIDENT of the COMPANY~ NONE, VP married to the controller/Lady who cuts our payroll, Compliance (snitch who transfered from my office), and the VERY rude accounting lady who speaks to you VERY rude and like a moron/child, wtvr.** MY office~ My supervisor Good friends with the first three ppl, Maintenance supervisor ~Ex domestic partner with my supervisor & somewhat good friend with 2 top corp ppl, Maint tech~LAZY Son of the snitch, close friend of the maint sup, also recently got rehired after quitting with 3 days notice (did I mention he is lazy and should not have been rehired), two Maint guys~ drinking buddies with the 2top Corp....
    Okay, hopefully now you can follow. I am a random person who stumbled upon this mess of an organization and just try and keep a low profile.Do my job(late everyday wont lie, my only downfall) MY ISSUE!
    Recently I found out my "friend"/Mgr is conspiring to fire me CRAZY! Have NO clue why, I just know back and forth messages have been transpiring between her-the snitch and the VP in short jam her up on everything and DOCUMENT! WOW! Not an issue, just give me EDD and I will leave peacefully. Well, for some reason and because I know the shady nature of the organization I went to a psychiatrist which I had previously complained that my job was causing undue stress *REALLY this is one of if not THE ONLY thing I have to stress my life out*
    Last edited by 2 blessed2bstressed; 10-13-2011, 01:04 AM.

  • #2
    What state are you in? Some states have their own version of FMLA.

    50 employees are needed in order to fall under FMLA. If there are under that then FMLA would not apply.

    How has the company handled prior leaves of absence? Are the leaves allowed or are the employees termed.

    Comment


    • #3
      I am in ca. We have more than 50 employees. And I planned on getting sdi not fmla

      Comment


      • #4
        I am in ca. We have more than 50 employees. And I planned on getting sdi not fmla. To my knowledge nobody has been off for "medical" reasons, other than 'the snitches son' when he had surgery. However they are not consistent with how rules are followed and enforced

        Comment


        • #5
          FMLA is not optional. If you, the employer, and the medical condition all qualify, neither you nor the employer has any choice in the matter. What's more, it is FMLA that offers job protection, not SDI.

          There's no reason you can't have disability benefits and FMLA running concurrently.
          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.

          Comment


          • #6
            1. I do not wish for my job to be so knowledgeable of my medical information seeing as though they are not in anyway discreet. Can I have my DR write something different for my job and still receive the time off for Medical Leave? If so suggestions of what to tell him?

            I seriously doubt your physician will be willing to falsify medical information on your behalf. He can leave his note vague and just write "medication management" but I would not ask him to state you have the flu. If your employer wants your doctor to complete FMLA certification paperwork, then complete information as required on the form is necessary.

            I don't know how State disability benefits work in CA but if there is a form for you and your physician to complete and it goes through your employer to be filed, then I expect a diagnosis and prognosis both need to be included, along with the dates you're going to be disabled.

            Long story short, it's entirely possible that your employer is going to know the reason you are requesting and taking leave.

            Comment


            • #7
              In CA, under CFRA, an employer is NOT entitled to know the nature of the condition. This is not true under FMLA. All that is needed is notice to the employer that the employee has a CFRA qualifying condition and cannot work because of it. Disability benefits are different, however, and the state does require details of the condition.

              Comment


              • #8
                Thanks all! @Beth I think I phrased what I meant incorrectly. I do not want my Dr to lie in anyway just use more discretion in how he wrote the note. I don't mind him saying I am under his care or medical management. But in regards to medication managment, I would prefer that be omitted if possible. Also I have checked and I do not believe my company has 50 or more employees. Is it true, the 50 employees have to be in within 75 miles and if so is that from my actual job or the corporate office. Thank you all so much for your advise, this is all so overwhelming and I know if I don't do everything correctly my employer will screw me.

                Comment


                • #9
                  It's 50 employees within 75 miles of your work place. (where you work) - FMLA
                  Last edited by Betty3; 10-13-2011, 10:09 AM.
                  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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                  • #10
                    None of the "Pertinent Details" have any bearing here. Further, if you were on your way out the door for other reasons, you still can be let go now. FMLA/CFRA are only job protection as far as the reason you need to take leave. They are not a shield or a get out of jail free card if you were in trouble already. Being late everyday qualifies as legal reason to let you go.

                    The law also requires that you give as much advance notice as is pratical. If you purposely wait until the 11th hour to spring this on them when you have known for some time, they can legally deny your leave per the delay. Not to mention it isn't going to improve your situation any to hold out on them. If they are intending to fire you, they are going to do so whether it is today, tomorrow or next week. It isn't going to make a difference as far as claiming retaliation goes but if you were set to be let go anyway, waiting isn't going to save you. Same goes for purposely holding back on telling them about the extention on leave.

                    While you are off on FMLA/ CFRA your insurance should be maintained as though you are an active employee.
                    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.

                    Comment


                    • #11
                      At ellemd, thank u so much. In response to your message. Yes I am late everyday and in no way am I excusing that behavior. My direct supervisor has no problem with that. And has never addresses the issue as long as I bring her Starbucks and I do stay later to make it up. However since I stumbled upon the info that they were trying to fire me for who knows what since realistically the only issue I have is my 10-20min tardiness which has never in the 3 yrs been an issue I honestly am clueless. In the end the best thing they could do would be to fire me so I am in no way trying to save this job. I hate it is unprofessional and the only contributing factor for my depression and subsequent need for time off from this place. My main concern and reason for waiting and even signing up for this forum is I want to make sure I have all my ducks in a row and they don't get out of paying me or firing me once they know I am on the spot before I am able to get the fmla/state dis situated. And them making it so that I am not allowedd to collect rightful unemployment benefits. Again I hate this job!! I have never been fired from a job in my life and if I was not on my cell would go into detail accounts of 'not pertinent' details. I fully plan on going to the labor board if/when all is said and done. This company should jot be in business and I have been secretly going to governmental agencies and reporting their illegal activities. It is bigger than 3 paragraphs!

                      Comment


                      • #12
                        Unfortunately, the labor board is only interested in violations of labor law and so far, nothing you have shared has even come close. I realize that there is probably more to the story but generally being a bad employer is not illegal. It is also not illegal in the private sector to hire friends and relatives or to treat them better.


                        I'm not in CA but my understanding is that if you are legitimately disabled from work, you can collect disability benefits from the state, regardless of your current employment status. I don't know how long it takes to get a claim processed but perhaps one of the posters from CA will be able to share that. If you are fired, FMLA is totally irrelevant.

                        If you are fired, it is totally up to the state to decide if you get unemployment. Your employer does not make this decision.
                        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.

                        Comment


                        • #13
                          I am aware of what the labor board does. My father worked for the dept of labor for 20 years. To add more 'information that is not pertinent' to my questions for this forum. Lunch is never taken here. Ie we work through lunches everyday however we are not allowed to put over 8 hours on our time card thus I am entitled to every single penny of the money I earned. However to be quite honest I have seen them do retaliatory actions against other employees such as give bad references when other ppl quit or get fired. And the last person they fired for a reason completely bogus they not only sent a rep from corp to the edd appeal hearing to dispute giving him edd they also gave said horrible reviews. BTW he did not get edd because of falsifying info on the companies part. I worked closely with him and knew and could verify the validity of his documents and information but had to let him know I am college student and could not afford to loose my job, nor had time to fight the company if they wrongfully fired me!They are a very spiteful company and have done things that are harmful in the past as retaliation so I was scared for my job and just kept quiet. but that is just the tip of the ice burg. I work for an apartment company which receives life of govt funding and they are very discriminatory making some people live with bedbugs, ****roahes overall morally and ethically I have had enough and am entitled to funds from all my lunches not taken and not paid for, and will contact the agencies to help these residents while I am on my leave. Again all this is 'not pertinent' to my original post but in response to you ellemd

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                          • #14
                            Thanks all!!!!!!

                            Comment


                            • #15
                              Originally posted by ElleMD View Post
                              I'm not in CA but my understanding is that if you are legitimately disabled from work, you can collect disability benefits from the state, regardless of your current employment status. I don't know how long it takes to get a claim processed but perhaps one of the posters from CA will be able to share that. If you are fired, FMLA is totally irrelevant.
                              I am from CA, but this is something I have never had to get good at. There is a program run by CA-EDD called CA-SDI. It is short term insurance. It is mostly funded by employee deductions, although there is a variant of the program paid by employers. You can go to the CA-EDD website and learn everything there is to know about CA-SDI there. Past that, it is a lot like UI, but rather for temporarily disabled people.
                              http://www.edd.ca.gov/disability/dis..._insurance.htm
                              "Reality is that which, when you stop believing in it, doesn't go away".
                              Philip K. **** (1928-1982)

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