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Medical Leave (not FMLA) Iowa

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  • Medical Leave (not FMLA) Iowa

    I have worked as an Office Manager/Administrative Assistant in a small town Nursing Home for the last 6 years. I have never had any sort of disciplinary action taken against me at all since employed there. My hourly wage has increased 42% in these six years as I have always been a very loyal, honest, and dependable employee. My duties included: Time Card Management & Payroll, Accounts Payable, Personnel File management and retention, Benefits Coordinator, and recently Resident Billing and Accounts Receivable have been added to my duties. I also do all deposits and have my name on all of the bank accounts held by the facility. Our facility is a community owned for profit facility with a 9 member Board of Directors and is managed by a Health Care Management Co. with the Board of Directors always having the final say.

    I recently had to have a severe back surgery to reconstruct by lower back completely. This is NOT a job related injury. Because the surgery was so severe the recovery time may be up to 12 weeks. I have been off work since Sept. 22 and am not expected to be released anytime before Dec. 1 and even then it will probable only be part-time. Our facility has less than 50 employees so we do not have to follow FMLA standards. Our handbook states only the Medical Leave must be requested in writing with Doctors statement and will be renewed in 4 week intervals with the employee doing a weekly check in with the facility. I have followed all of these rules and am continuing to do so.

    During the first 2 weeks I was off work I had several calls from the Management Team and from the Board of Director President always being assured my job would be there when I returned until recently. Imagine my surprise when I picked up the paper and saw my job posted. I have not officially been terminated because I am still receiving Sick Pay.

    My questions are: Do I have to take a lower paying job when I return and if I refuse to take a demotion both in pay and title would I have any chance of getting unemployment?
    Sorry this is so long!
    Miss Vickie

  • #2
    Since FMLA is not involved there is no guaranteed job protection. It's up to the employer what job to offer you when you return.

    Only the UI office of your state can say whether or not refusing a demotion and pay cut would qualify or disqualify you for benefits. It will undoubtably be affected by the degree of reduction.
    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.