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  • bigg1954
    started a topic Comp time

    Comp time

    My position was terminated while I was out on sick leave on Feb 24th My immediate supervisor resigned I submitted a request for my Comp Time of 50 hrs My employer told me it had to be approved by his Supervisor which isn't stated in the Employee Manual do I have any recourse this is a non profit in NYC Also while I was out on sick leave I was in the process of applying for short term disability

  • Pattymd
    replied
    I don't want to belabor the point, because it really isn't applicable in your particular situation, but just so everyone is clear.

    STD is income replacement; FMLA is job protection. FMLA can run concurrent with any other paid leave the employer provides and most employers require that. STD normally only kicks in when the paid time off is exhausted. Having to use your paid leave before you applied for STD would make perfect sense because we're talking money; requiring you to use your paid leave before you could apply for FMLA is a violation of the Act. If the employer knows or has reason to know that the medical condition is FMLA-qualifying, they need to inform you of your rights under the Act. And they can't keep you from applying just because you still have paid time off to use; they are two separate things.

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  • bigg1954
    replied
    Comp Time

    I was told to use all my sick,vacation and other accured time befoe I could even apply for Short Term Disability and then my position was eliminated so FMLA was never came in to the discussion

    Thanks Again

    Leave a comment:


  • Pattymd
    replied
    Wait a minute. Something isn't making sense here. If you were out sick from Feb. 1st, what happened to FMLA for at least through the 24th?

    Having said that, however, it's probably not really an issue because, if the job would have been eliminated anyway, the fact that you were on FMLA wouldn't have obligated them to keep it open for your return.

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  • bigg1954
    replied
    Fmla

    I was not to apply for FMLA due to my position being terminated and receiving a letter sent after this to apply for Short Term Disability and not having phone calls returned and a change in staff

    Thank You

    Leave a comment:


  • Pattymd
    replied
    Were you "not able to file for FMLA" because the company is not subject? Or because you hadn't worked the required months and hours to be eligible? Or for some other reason?

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  • bigg1954
    replied
    Thank you everyone for your assistance My employer claims my position was eliminated I was not able to apply for FMLA
    Last edited by bigg1954; 05-31-2006, 05:36 PM.

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  • cbg
    replied
    No, we don't know. It is not illegal to eliminate your position and your job is not protected by virtue of applying for short term disabilty. Disability benefits do NOT protect your job, despite what so many people think.

    IF you qualified for FMLA, which we don't know, then you cannot be fired BECAUSE you requested medical leave. But if you did not qualify for FMLA, OR if your position was eliminated for business reasons that had nothing to do with your leave, then it was perfectly legal.

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  • bigg1954
    replied
    Thank You for your response If it isn't to much trouble .Do you know if I was illegally terminated ?

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  • Pattymd
    replied
    Since you were not a public employee, if you were exempt, there is no legal requirement the employer even grant comp time, let alone have to pay you for it. If you were a nonexempt employee, it was illegal for them to give you comp time in lieu of paying you overtime pay, even if you agreed.

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  • bigg1954
    replied
    Comp Time

    My positon was eliminated as of Feb 24th I was out sick as of Feb 1st ,but I didn't receive the a letter notifying me of this until Mar 2nd and at which time I was told I was eligible to apply for disability in a letter I received from Personnel ,also according to the Personnel Manual I should receive pay for the Comp Time No I am not a public employee

    Thank You

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  • cbg
    replied
    Are you a public employee? How long had you been off work?

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