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returned to work too early, still disabled..what do I do ? NJ New Jersey

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  • cbg
    replied
    Why don't we wait until the employee asks for information before we start advising him on issues unrelated to his question? For all we know, he has all this items already resolved. The loss of vision has not determined to be permanent, which would affect whether the ADA applies. No sense getting into information that may not even apply.
    Last edited by cbg; 12-06-2009, 09:34 AM.

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  • Guest's Avatar
    Guest replied
    Originally posted by cbg View Post
    And we as yet have absolutely nothing to suppose that the OP's employer is violating any laws, or even will not be returning him to work. His question had to do with restarting his STD benefits - he did not suggest that his job was in jeopardy. The majority of employers do make every effort to comply with the law; their employees do not post complaints on bulletin boards.
    Absolutely if an employer follows the LAW then there would be no need for the same employees of that employer to post on a message board.

    Clearly , as can be seen I merely gave him further advise to follow should FMLA become an issue, just a heads up for him, its called going above and beyond, which I have never been afraid to do .

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  • Guest's Avatar
    Guest replied
    Originally posted by cbg View Post
    The criteria for the ADA are not the same as for FMLA, and they do not serve the same purpose. The ADA does not require unlimited medical leave - it is intended to keep people working, not to keeep them off. Additionally, not all or even most people who qualify for STD benefits, qualify for the ADA. It takes far more than the word, disability, for the ADA to apply.
    I realize they are two separate entities, I did not refer to them as the SAME and did clarify that in 2 posts now and even looking back at the original, it was clear to see that I was advising the poster merely, that he should ALSO be prepared to get FMLA if he is taken out of work totally DUE to that disability, and IF he qualifies that would protect his JOB for 12 weeks ( if the circumstances of pending time left form any prior FMLA allow him so, of course I have no way of knowing his situation particularly)

    His loss of vision due to an injury outside of work, would most likely allow him to fall under the ADA ( most especially the new broadened coverage as of 1-09-09) of course that would have to be determined if questionable) but IF it is effecting a major life activity, well you can see where I am going, no?

    THE ADA also allows for an EXTENSION of FMLA, as a reasonable accommodation if an extended FMLA is needed due to his disability. The law is broad and must be looked into with a magnifying glass, so it would be prudent for anyone in this scenario to read those laws well.

    EACH case is different, mostly we need to clear up I am talking about 2 separate entities and I believe I made my self pretty clear the first time.

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  • cbg
    replied
    And we as yet have absolutely nothing to suppose that the OP's employer is violating any laws, or even will not be returning him to work. His question had to do with restarting his STD benefits - he did not suggest that his job was in jeopardy. The majority of employers do make every effort to comply with the law; their employees do not post complaints on bulletin boards.

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  • Guest's Avatar
    Guest replied
    Originally posted by LETC View Post
    Yes, assuming the employee has worked necessary hours at his employment to qualify for FMLA, of course.

    If having qualified already for STD, as he did originally, his injury appears to fall under a disability, if this is what your pertaining to. If its the time on job or hours, of course; assuming he has worked for 1 year or 1250 hours he would qualify for FMLA and the ADA as well to protect his employment, again under those terms.
    Well after re-looking I did make myself CLEAR here. I clearly asked exactly what you were referring to. I would not try and make someone believe something other then what might be beneficial for them. I am for the PEOPLE, the employee, not the employer, maybe this is where the difference of opinion is coming from ?

    I tend to find that employers/bosses will try and get away with ANYTHING, even if it means breaking the LAW and that does not sit well with me, I do not like to see hardworking people abused by those who will try and use their ill-begotten power to intimidate and harass employees, its just the way I feel, I hope my honesty offends no one.

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  • cbg
    replied
    The criteria for the ADA are not the same as for FMLA, and they do not serve the same purpose. The ADA does not require unlimited medical leave - it is intended to keep people working, not to keeep them off. Additionally, not all or even most people who qualify for STD benefits, qualify for the ADA. It takes far more than the word, disability, for the ADA to apply.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Originally posted by cbg View Post
    FMLA is the Family Medical Leave Act, which allows for up to 12 weeks of unpaid leave in a 12 month period when all the qualifying criteria are met.

    The qualifying criteria are as follows:

    1.) You have worked for this employer for no less than 12 months
    2.) You have worked a minimum of 1,250 hours in the 12 months immediately preceding your leave.
    3.) Your employer has a minimum of 50 employees within 75 miles of your location
    4.) You or a qualified beneficiary have a serious health condition as defined by the statute.

    Despite what the other poster would have you believe, qualifying for STD benefits is not, in and of itself, enough to qualify you.

    So that there is no misunderstanding, STD is not leave. It is how you get paid when you are on leave. STD benefits and FMLA can and do run concurrently. The time you have already been off work WOULD count as part of your FMLA allotment.

    The STD is a completely separate issue and has nothing whatsoever to do with whether the time qualifies as FMLA or not.

    I am sorry I would hate to be mis understood thats exactly WHY I said I separated my response and made focus of what I was referring to THE DISABIILTY falling under the ADA, not whether he qualified for FMLA , the two remarks were for THAT REASON ( did you miss that? ) I said since he already was approved for STD and STD carrier approved him more then likely he would ALSO have his current disability MEET the ADA guidelines and added since those laws have been broadened since 1-1-09.

    Maybe I didn't make myself as clear as I should have on that, apologizes to all if I did not.

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  • Betty3
    replied
    STD is how you get pd. while on leave. Just to be clear, FMLA is JOB PROTECTED leave.

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  • cbg
    replied
    FMLA is the Family Medical Leave Act, which allows for up to 12 weeks of unpaid leave in a 12 month period when all the qualifying criteria are met.

    The qualifying criteria are as follows:

    1.) You have worked for this employer for no less than 12 months
    2.) You have worked a minimum of 1,250 hours in the 12 months immediately preceding your leave.
    3.) Your employer has a minimum of 50 employees within 75 miles of your location
    4.) You or a qualified beneficiary have a serious health condition as defined by the statute.

    Despite what the other poster would have you believe, qualifying for STD benefits is not, in and of itself, enough to qualify you.

    So that there is no misunderstanding, STD is not leave. It is how you get paid when you are on leave. STD benefits and FMLA can and do run concurrently. The time you have already been off work WOULD count as part of your FMLA allotment.

    The STD is a completely separate issue and has nothing whatsoever to do with whether the time qualifies as FMLA or not.

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  • rockthisct
    replied
    also emloyees

    Yes they have over 100 employees within that radius.

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  • rockthisct
    replied
    whats FMLA

    I did file again because STD made resend all new forms stating I am not healed
    Now I am waiting on the employer to fill out the papers again as they take their time I am receiving no pay
    I have been with the company for 7 years and worked 4 days a week at 12 hours per day

    This is one of my main factors....simply that I cannot work those hours so long
    We work in the mall in a kiosk and we do not have chairs or anywhere to rest nor take breaks. And since its a commission job, if I cannot perform 100%, I am basically just wasting time for free. If I dont cover my draw, then they will take it back when I do. So am in a bit of a bind
    And just waiting for the papers so I can fax them over to STD and see what happens

    what is FMLA though ?

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  • Betty3
    replied
    Also, to qualify for FMLA, the employer would need 50 or more employees within a 75 mile radius of the work site. (for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year)

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  • Guest's Avatar
    Guest replied
    Yes, assuming the employee has worked necessary hours at his employment to qualify for FMLA, of course.

    If having qualified already for STD, as he did originally, his injury appears to fall under a disability, if this is what your pertaining to. If its the time on job or hours, of course; assuming he has worked for 1 year or 1250 hours he would qualify for FMLA and the ADA as well to protect his employment, again under those terms.

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  • cbg
    replied
    Assuming that FMLA applies. It does not in all cases.

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  • Guest's Avatar
    Guest replied
    If you need to take time away from work due to this DISABILITY, then make sure you ask employer for a FMLA leave, so that you can protect your employment.

    I hope your optical disability improves and soon!

    Leave a comment:

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