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Terminated while on Short Term Disability???? Tennessee

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  • Terminated while on Short Term Disability???? Tennessee

    I need advice please. I have been on STD for about 11 weeks and just released back to work. My employer sayd my position has been filled. I asked if there are other positions available or even part-time and they said no they are now fully staffed but to stay in touch. I thought under the law they can fill your position but have to provide you "a" position when you come back. Am I wrong???? Thanks

  • #2
    That depends. If FMLA applies they do; if FMLA does not apply, they don't. FMLA lasts for 12 weeks. STD benefits do not provide any job protection - only FMLA does.

    How long have you worked for this employer?
    How many employees does he have within 75 miles of your location?
    In the 12 months immediately preceding the start of your leave, had you worked a minimum of 1,250 hours?
    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
      reply

      They say they don"t have FMLA but they have 5 offices in 5 states and over 100 employees. I worked there 6 months and probably close to 1250 hours with overtime. ???

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      • #4
        They may or may not be subject to FMLA depending upon how those 100 employees are spread over the five offices and where those offices are located. However, even if they are required to provide FMLA, you would not qualify for FMLA protected leave; you don't have 12 months with the employer. Your employer had no obligation to protect your job under FMLA. Sorry.

        ...to be eligible [for FMLA] an employee must have worked for an employer for at least 12 months, have worked at least 1,250 hours in the 12 months preceding the leave, and work at a site with at least 50 employees within 75 miles.
        While I may work for lawyers, I am not an attorney. Comments I make are based on my working experiences and should not be interpreted as legal advice.

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        • #5
          Since you have been released back to work, you can apply for unemployment
          ins. while looking for employment if you qualify financially for UI.
          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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