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Termed/resigned while on FMLA Nevada

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  • Termed/resigned while on FMLA Nevada

    I am receiving short term disability insurance payments while on FMLA; Sun Life (short term Disability Company) told me Feb.10 was when my short term expired
    Last night my roommate told me to call HR because word of mouth is that I am fired. I called HR to verify this and the director of HR told me my leave of absence had expired and they were giving me a choice to resigned or be termed, My company out sources this service to a company called A.R.C (absence resource center) I called them and found out my case manager was fired so I did not receive any letters or phone calls. The new case manager is starting an investigation. What should I do? Should I get a lawyer? Is it legal to term me while on FMLA?
    Last edited by cheystine; 02-28-2010, 02:22 AM.

  • #2
    That depends. It may be. FMLA is not open ended and if it has expired, then yes, you can legally be fired. STD benefits do not provide any kind of job protection.

    How long have you been out?
    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
      FMLA is 6 weeks after my surgery which was Dec 17, 2009. I spoke to the case manager at A.R.C and they told me there was a lapse of communication. However, they have jeopardize my job of 14 yrs. because they told my director I had expired my Leave of absense.

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      • #4
        If they've acknowledged the mistake, how is your job in jeopardy?
        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
          Good point! However, when my Director told me on the phone I had 2 chioces to resign or be termed. It sounded like my job was in jeopardy. I called ARC and have them on record admitting they made a mistake. I am taking this to my HR on monday..

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          • #6
            I also found out I am STD which is 6 months which I went over but they didnt inform me or send me a letter about my hours been expired. ARC case manager admitted it was there fault about the lack of communication..

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            • #7
              Now hold on. Above, you said you'd been out since December. Now you're saying you've exceeded six months of STD. The answer is different in that case.

              Please tell me, EXACTLY, the EXACT number of days you have missed for medical reasons in the last 12 months.
              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
                Start date for STD is 8-2-2009, end is 2-2-2009, However my surgery was postponed to 12-17-2009 and recover for that is 3 months, Doctor discharge date is 2-18-200, I faxed the Dr paper work to them in Jan 2009. FMLA started 6 weeks after the initial surgery which was 12-17-2009.
                Last edited by cheystine; 02-07-2010, 07:41 AM.

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                • #9
                  If you've been totally out since August, that is WAY more than the 12 weeks of job-protected leave under FMLA. Therefore, it would be legal for the employer to terminate your employment. Being on short-term disability does not protect your job; only FMLA does that.
                  Last edited by Pattymd; 02-07-2010, 07:42 AM.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Agree, FMLA would have started before your surgery on 12-17-09.
                    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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                    • #11
                      While I agree with everything said, I am going to add that it is almost never in the employee's advantage to quit.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

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                      • #12
                        Good point. If you are given that choice (resign or be terminated), rarely would it be to your advantage to resign. It would be to your disadvantage if you resigned when applying for unemployment ins.
                        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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                        • #13
                          I won and got my job back

                          Good news I got my job back because ARC didnt communicate with me about start dates...I am working again.

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                          • #14
                            Good for you.
                            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.

                            Comment

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