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Out on FMLA & Doc's note Colorado

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  • Out on FMLA & Doc's note Colorado

    I am on a LOA from my company. My company gave me 1 month of full pay, then I was to go on STD. STD was denied and is in the appeal process now.

    I was told by my company that I need to be back after the protected FMLA leave or it will be considered job abandonment. My doctor doesn't feel comfortable with me going back to work so soon. If he doesn't sign a "release" for my return to work, is that job abandonment? Or can they simply fire me?

    My fear is that I won't get LTD. If I don't, and my doctor does not sign the release, I won't get unemployment if they say I abandoned my job. If I am not fit to work (per him), I cannot work elsewhere.

    Help. Any replies will be greatly appreciated.

  • #2
    STD/LTD does not have any bearing on your employment status. It is very generous of the company to pay for a month of leave. All that is required is that they provide 12 weeks of unpaid leave. Whether or not the insurance company accepts your claim for STD or not is a totally separate matter. You can appeal with the insurance company but your employer has nothing to do with that.

    Yes, you can be terminated if you can not return at the end of your leave. Whether they call it voluntary or not it doesn't matter as far as UC as you are not eligible if you are medically unable to work. To get UC, you must be ready, willing and able to work.
    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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    • #3
      Thank you Elle. Now here's another question. Say my doctor signs off on me 1 month after I am without a job and no LTD (assumption). Once I start applying for jobs, am I able to get unemployment?

      Comment


      • #4
        If you have a disability and exhaust your FMLA, you should ask for a leave of absence as an accommodation if your doctor believes you will be able to return to work within a specified period of time.

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        • #5
          Once you are released to resume employment, you can apply for UC. Only the state can tell you for sure if you qualify but typically, terminating due to a now resolved medical issue would not disqualify you.
          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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          • #6
            If you have exhausted your FML time you can request an accomadation under the ADA.

            Comment


            • #7
              However, not all conditions for which an employee received disability benefits qualify under the ADA; nor is an extended leave considered a reasonable accomodation in all circumstances.

              The ADA does NOT guarantee an extension of FMLA.
              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
                I never said that it was automatic, what I said was he can "request" an accomadation. I did not imply nor state that it would automacticaly be considered reasonable. It was given as another option. And the ADA NEVER extends FMLA. They are seperate.

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                • #9
                  cbg didn't say that you said it was automatic. She was just clarifying your answer further for the original poster's benefit.
                  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

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                  • #10
                    And in some instances, a short extension of FMLA can be considered a reasonable accomodation.

                    You are technically right that it is no longer FMLA after the 12 weeks, but let's not leave the impression that no extensions are possible, okay?
                    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.

                    Comment

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