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Massachusetts/ Fired while on STD Leave

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  • Massachusetts/ Fired while on STD Leave

    Hi, on June 10, 2005 I was out sick from work due to a heart condition. I called in work that day and told them that I was going to the doctors and that I was most likely going to have to take some time off. Work told me that until my STD leave was approved I would have to call into work everyday (when one women took a week off due to her husbands illness she was not required to do this). So, my STD claim was approved and it stated that my STD leave date began on June 10. 2005. So, I did not return to work until Aug. 30, 2005 and when I retured I was fired for "not following proper call out procedures June 10, 2005." I did indeed call in sick, which I ended up doing for weeks until my claim was approved. I had no proof of calling so I was terminated.

    I am curious as to whether or not that is legal. I was technically covered by STD leave AND was covered by FMLA through Aug. 11, 2005. I am also wondering whether or not there is a time limit I can contact an attorney about this. I filed a claim with the EEOC, but did not follow through due to worsening of my condition.

    My manager was given a note by me in Jan. written by my cardiologist stating that I needed to be seated while at work ( I was a bank teller, so it wasn't much of a big deal.) However, there weren't always seats left for me and the bank did not have enough seating for all employees. I even talked to Human Resources about being transferred due to problems with my manager and they said they couldn't do anything about it, even though when I was placed there I was told by HR if I had any problems to let them know and they would move me to a branch I was comfortable at...

    I'm just curious to see what my options are...if I have any now... Thanks for your help.

  • #2
    If you feel that you were denied a reasonable accommodation under ADA, your recourse is to file with EEOC withing 180 days of the violation.

    With regard to your FMLA, if you exceeded 12 weeks of leave in one year they did not have to hold your job for you. June 10 to August 11 is not 12 weeks. Had you used FMLA earlier in the year? In any event, FMLA disputes are the provice of the Department of Labor. I believe you have up to two years to file a complaint if you feel that your rights under FMLA were violated.
    I am not able to respond to private messages. Thanks!


    • #3
      Did you actually call in each day as required, or only some of them? You could be termed for not following the procedures, even if you were on FMLA/STD.

      What someone who was off for a significantly shorter period of time, for a different reason was required to do is irrelevant.
      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.


      • #4

        Hi, yes I did call until the manager said that I no longer had to call in. She is saying that I never called that first day I was out, which I did indeed call. So basically it was my word against hers. I have had problems with this manager anyhow and had asked to be moved to a differ. branch but wasnt. One girl in particular would make stuff up and tell my boss that I moved stuff at her work station,etc. Things that I never did and I would get written up for. I asked to see the surveilance tapes and never got to. However, after this girl walked out one day my manager called me into her office and was like so i noticed that Kristin (girl who walked out) wasn't very nice to you...Funny she says that after the girl quits...Anyhow on my termination it says that I didn't follow proper call out procedures..I did but how can I even prove it. It just bothers me that I was obviously out for medical reasons. Due to me being fired due to taht cause I can't even collect unemployment.


        • #5
          Did you appeal the decision from UC? If not, you should. Unless you don't qualify as you aren't available to work due to your medical condition.

          Your employer is permitted to be wrong about you. They are not held to the same standard as a court and can believe another employee over you. Noting that it appears she doesn't like you isn't the same as knowing she lied or you are innocent.

          If yo ufiled already with the EEOC and didn't follow through, I'm sorry but yo uare out of luck now.
          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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