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Need Help ASAP,Shoulder injury---Indiana Indiana

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  • Need Help ASAP,Shoulder injury---Indiana Indiana

    Let me start by saying, i've worked for this company for over 5 years now and, I'm totally lost on this subject, and have NO idea what to do.
    As stated I'm from Indiana, and work as a Group Leader in a paint shop. The whole story starts back in Oct. of 2009. I injured myself in a sports related accident, and had been seeing the doctor regularly since the day after the injury, and turing in my work status and doctors notes to my employer every time I went. At this point of around the first week of Jan. I haven't had a definitive answer on my ailment, but was working normal duties with my sore shoulder, and my doctor asked me to come in for an MRI.
    They found out 2 weeks later I had a rotator cuff tear, and it would require surgery. Still of course turning in my doctors recommendations, and my surgery date of mid Feb. i went back to work normal duties yet again without anybody dicussing anything with me about my upcoming surgery.
    Day of surgery has now com and gone with my doctor telling me to go back 5 days after surgery with resrictions only to not use the affected arm and keep it in the sling.
    Now this is where things get interesting...
    I was told by my doctor to go back on Weds. after therapy in morn. at 730 a.m. , and when i get there the HR person, the vice president, and my supervisor want to have a dicussion about my return. Long story (discussion) short, they tell me they need til fri. morning to decide what they want to do with me and/ or if i can even return. First off we only work 4 days at 10hrs a week, secondly the v.p. wants to deny me vac. time i "could" use to cover from weds. to fri.
    Fri. comes and get a voice mail telling me they don't have any work for a one-arm person and that i should file for FMLA and STD.
    Not happy at all about this I called the Unemployment office and they told me if they turned me down when i am able to work i could qualify for unemployment! Company says i need to file FMLA. ? WHAT DO I DO???
    Bottom line is of course money and my job! STD=150/wk , unemploy. 390/wk , and usually bring home 650/wk ! But i need to keep insurance for my family and my therapy! WHAT DO I DO????? PLEASE HELP ASAP!!!!!!

  • #2
    FMLA will allow you 12 weeks of job protection (did HR or anyone never mention FMLA to you before this?) and includes medical insurance continuation at the same cost you're paying now. FMLA is, however, by definition, unpaid leave. If you don't have any more sick leave or other paid time off upon which you can draw, and the employer doesn't have work for you within your restrictions, disability is your only possible income source. You aren't eligible for unemployment benefits unless you are ready, willing and able to work, and if your doctor has released you with restrictions, that impacts your ability to find jobs in your normal line of work.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      shoulder

      I understand ur point of view, but it's my belief that they are trying to get rid of me, and this is their opportunity to do it. Backing the story up a bit, we had some issues in the paint shop in which local OSHA official came in, and they are now targeting the painters as trouble makers, taking every opportunity to grill us when they can. I mean come on, how many people do u know that can take the 150/wk STD , then pay for 60/wk insurance and survive on 90 dollars? Do they really think i will be able to return after 12 weeks of 90 dollar checks? very unreasonable at best even if it is legal, and also shows how SCREWED our legal/insur. system is, and how little people really give a **** about good workers!

      Comment


      • #4
        This isn't my point of view, it's the law.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Ok, so it's law.

          Then why would anybody carry supplemental insurance or company insurance knowing they have the "legal" right to reject everything they deem necessary with or without probable cause? THIS VERY THING IS WHY AMERICAN BUSINESSES ARE FALLING APART, AND PEOPLE DON'T GIVE A [email protected]#T ANYMORE!!!

          Comment


          • #6
            HUH??????? Yelling at me is not going to change the legal situation.

            The employer does not have to allow you to return if you cannot do the work and they don't have other work for you. They said you should apply for FMLA and you should. That will at least carry you through for medical insurance for 12 weeks. The only thing that might help you is this:

            Substitution of Paid Leave

            Employees may choose to use, or employers may require the employee to use, accrued paid leave to cover some or all of the FMLA leave taken. Employees may choose, or employers may require, the substitution of accrued paid vacation or personal leave for any of the situations covered by FMLA. The substitution of accrued sick or family leave is limited by the employer's policies governing the use of such leave.
            Whether or not that means you can use your accrued paid leave if the employer doesn't agree is beyond my scope of knowledge. Hang on for another responder.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              An employee may choose, or an employer may require an employee, to use any accrued vacation days or unspecified paid time off (PTO) days during an unpaid FMLA leave.

              In addition, an employee may choose, or an employer can require an employee, to use accrued paid *sick days* during an unpaid FMLA leave, but only if the employee takes FMLA leave for a reason for which the employee could otherwise use *sick days.*

              (*Family leave days* also governed by co. policy.)
              Last edited by Betty3; 03-01-2010, 02:26 PM.
              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.

              Comment


              • #8
                Paynter, I think you are operating under the belief that if your employment ends, your insurances will no longer be valid. That is not necessarily the case. You need to talk to someone in your HR department about that.

                But as Patty points out, all we can do is tell you the law. Yelling at the responders here because you do not like the answer is not productive. No one here fired you or told you they didn't have work for you or told you to stay home.
                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


                • #9
                  Betty3, my confusion was, if the employee wants to use his accrued paid time off, can the employer refuse?
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    It depends on their policy.

                    While STD may only be $150 a week, that is still $150 more than is required by law. Having a STD policy isn't required in your state (or in 44 others).

                    I'm not seeing how your employer is out to get you or looking to fire you. It is a huge liability to have someone return so soon after a surgery and it is very difficult to accommodate someone who can only use one arm in most employment situations. They are following the law and offer STD which is above and beyond what is required.
                    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.

                    Comment


                    • #11
                      The employee can always use vac. or other unspecified PTO or the employer can require it. Yes, the employee can use it. (PTO-employer cannot refuse) However, sick leave can only be used by the employee or required by the employer if they can normally use that time for the reason they are taking FMLA off for. Family leave days governed by co. policy.
                      Last edited by Betty3; 03-01-2010, 02:29 PM.
                      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.

                      Comment


                      • #12
                        Ok, I guess u need to see my point a bit further, in my place of work the employer really doesn't give a **** about us on "the floor" , and i know they don't legally have to, but it comes back really to a matter of how to treat people and handle situations in a proper manner.
                        This situation was and is not being handled very well professionally, or with any sense of proper procedure or policy.
                        One of very things I can compare this to, and I think is discriminatory from my point of view is, just 2 months ago a co-worker of mine had been working in the shop with very seriuos heath issues revolving around diabetes and overall poor health, yet this individual was put on a layoff (basically begging for unemloyment-vs.-STD), with the comment being made to that "we need him in here healthy" and that was fine with certain upper management.
                        Also you need to understand that from my point of view, my job entails around 80% paperwork and problem solving and only 20% physical labor, so in my point of view they could have offered me less of a wage , yet still keep working, with someone else to cover my 20% i cannot do.
                        Sorry, not trying to seem "angry" with anybody, but rather very dissatisfied with the extreme lack of communication, compasion, and professionalism that should have been able to deal with this before I even went to surgery, and had a plan laid out for after, but I guess maybe I'm asking way to much.

                        Comment


                        • #13
                          Here's the deal - not all discrimination is illegal. In fact, most discrimination is not illegal.

                          Every single one of us discriminates every day. You discriminate when you pick the blue shirt instead of the green shirt. You discriminate when you order chicken instead of steak. You discriminate when you cheer for the Cardinals instead of the Cubs. All of that is legal discrimination. In fact, it is considered a compliment to be told that you have discriminating tastes.

                          It is only ILLEGAL discrimination when the difference in treatment is based in a characteristic protected by law.
                          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


                          • #14
                            Originally posted by cbg View Post
                            You discriminate when you cheer for the Cardinals instead of the Cubs.
                            That's not discrimination - that's common sense. Go Cards!
                            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.

                            Comment


                            • #15
                              I used that example just for you, Betty!
                              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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