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Nevada- My position was filled while on disability now I may be fired. STRESSED

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  • Nevada- My position was filled while on disability now I may be fired. STRESSED

    I am currently out on disability for 8 weeks. After three weeks I was told my employer was going to deny my claim and that I could appeal if I liked but it could take up to 45 days. I still had 5 more weeks of leave I was supposed to be on and they said they couldnt tell me whether or not I should return to work ahead of schedule. ( Not that I could have if I wanted to) I currently have two weeks of leave left to take and they have not gave me an answer for the appeal. However, I have heard from a coworker that they have already hired someone to fill my position and plan to just place me at another location when I return. Can they do this? I thought my position was to be held for 12 weeks?

    If my claim is denied it would exceed my fmla hours allotted since I have taken intermittent time in the past. ( leaving early if sick, an occasional day here and there) So I would most likely be fired for too many unexcused absences. If this is the case what can I do? Will I qualify for unemployment since I was fired even though it technically wasn't my fault? And what if anything can I do about them filling my position before the 12 weeks of disability? Any help is greatly appreciated, I just moved from California and all of the laws are so different here I haven't a clue as to what my rights are.

  • #2
    In the last 12 months, how much time off have you taken for medical reasons?

    NOTE: I do not care what the leave was called. I do not care whether it was paid or unpaid. I do not care whether you did or did not receive disability benefits for the time. I am looking for the sum total of all leaves combined, including intermittant time, paid time, unpaid time, disabilty time, all time together, expressed in terms of days and weeks.

    Example of what I do want: I have missed a total of 11 weeks, give or take two days either way, on medical leave.

    Example of what I don't want: Well, there were two weeks but they don't count because they were disabilty, and then I missed some time in July, and this was STD and this was FMLA...etc.

    Don't be offended - I've just learned that with many people, this is the only way to get the information I need to answer your question.
    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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    • #3
      Well its all partial days totaling 416 hours aside from the 6 straight weeks I have been Out on. Not every situation is that simple

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      • #4
        So 416 hours PLUS six additional weeks? Or 416 hours INCLUDING 6 weeks for a complete total of 416 hours?

        I don't understand why it is so hard to give a simple total. I already said I didn't care about a breakdown of intermittant vs full time, or any other breakdown. Help me help you, okay?
        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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        • #5
          I said in addition to, so that means No not including the six weeks.

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          • #6
            Okay, here's your problem.

            You are entitled to a total of 12 weeks per 12 month period, not 12 weeks per medical condition. 12 weeks, assuming a 40 hour week, comes to 480 hours, which means that before your six week absence even began you were dangerously close to running out of protected time off.

            The amount of protected time the law grants you is in no way connected to the number of weeks disabilty benefits you have been approved for. STD benefits are income protection, not leave. STD benefits do not provide any job protection whatsoever. ONLY FMLA provides job protection, and you were almost out of FMLA before your six week absence even began.

            If you are fired you can apply for unemployment; you will likely not qualify until you are medically cleared for work. Being fired should not affect your STD benefits at all - they can and do continue even after your job ends. (I have seen people continue to collect disability benefits ten years after they were terminated.)

            BTW, the law is exactly the same in CA except for pregnancy, which does provide additional time over and above 12 weeks.
            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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            • #7
              Even under FMLA your employer isn't required to hold the exact position for you. When you return they are required to offer one which is essentially equivalent but it does not have to be the exact same one you left.
              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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