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medical leave of absence and long term disability Florida

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  • medical leave of absence and long term disability Florida

    I have been with the company for two years. 8 months ago I went on medical leave of absence and after 3 months I was approved for long term disability. I got my doctor release to return to work 5 months later. So I have been out for 8 months. When I went back to work I find out that the temporary person who was replaicing me got hired on permanent basis. Two weeks later I got fired with the explanation that the dynamics of the team has changed. I feel the real reason is because I was out on medical leave. Is this legal and is there anything I can do about it?

  • #2
    Yes, it is and no, there isn't.

    You were out for more than twice, almost three times, the maximum the law requires. Unless a legally binding and enforceable contract (which you have not mentioned) or state law (Florida does not have one) specifically says otherwise, the longest an employer is required to hold your job for you is 12 weeks. After that, you have no further job protection, no matter how valid the need for additional medical leave may be.
    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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    • #3
      Sorry, I think you miss understood me. I went on medical leave of absence for 3 months and since I did not get doctors approval to go back to work, immediately this transformed in to long term disability, for which I was approved.

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      • #4
        Whether STD benefits, LTD benefits, or any other kind of disability benefits were approved does not matter. STD and LTD benefits do not provide job protection. The LONGEST the employer is required to hold your job, REGARDLESS of how long disability benefits are approved for, is 12 weeks. You were out for 8 months. The employer had no legal obligation to return you to work at all. It was legal to terminate your employment, LTD or not.

        Do you understand now?
        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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        • #5
          American with disabilities act

          faith,
          If you feel you've been discriminated against due to your disability please check into the " Americans with disabilities act". There is information on this link to help you determine if you qualify and actions to take.

          http://www.ada.gov/publicat.htm#Anchor-14210

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          • #6
            True, workhorse, but I doubt even if the employer is covered and the poster's medical condition, DID qualify, that a leave of eight months would be considered reasonable.

            However, let's ask the poster this. What was the medical condition? And how many employees does this company have in total?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              faith, you can find a FAQ on FMLA that may help you here....http://www.dol.gov/whd/fmla/finalrul...litaryFAQs.pdf

              Congress did expand the definition of "disability" regarding qualifiers under ADA rules. That change is here http://frwebgate.access.gpo.gov/cgi-...406enr.txt.pdf, Basically a condition, mental or physical that substantially limits one's performance of one or more of life's daily activities.
              The new definition and qualifying "disability/impairment'' is so broad that the necessity to medicate may at times require a "reasonable accommodation".(S5406-4, pg 4/7)

              ADA requires the employer to provide reasonable accommodation for returning employees with a qualifying disability, and at times for new hires requesting accommodation.
              If there is no position open however, you can't force any employer to accommodate a returning employee, or hire a new employee.

              Info on types of discrimination, and filing complaints with EEOC/ADA are here http://www.eeoc.gov/laws/types/index.cfm

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              • #8
                Thank you all for your replies. I was on disability leave for major depression-going true very difficult divorce. The company has offices all over the world. It is a big company.

                Comment

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