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Maryland: Can employer prevent you from returning to work becuase of a cast? Maryland

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  • Maryland: Can employer prevent you from returning to work becuase of a cast? Maryland

    Podiatrist has signed off saying I'm OK to return, but employer claims cast is a limitation. Employer is clamoring to get me to sign FMLA. Is this kosher? I have short term disability but it won't cover my rent etc. Thanks, DH.

  • #2
    Does your employer not have a light-duty role for you while you wait for the cast to come off? Anything? Even just paperwork, making copies, answering phones, etc?

    Working in HR, I have never understood why any ee would NOT want to sign FMLA paperwork. This is job protection required by the federal government, for up to 12 weeks. If you truly are not able to work, this would at least keep your job. Disability would pay you while you were off work.

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    • #3
      My employer claims that if I cannot fulfil my normal job description (Which includes lifting etc.) than I cannot return to work. Keep in my my doctor has given all my duties the greenlight. My reluctance to sign FMLA is that I wonder if this would cause a forfeit of my ability to return. The fact that they are pushing it makes me nervous.
      Last edited by dualhead; 11-11-2010, 01:32 PM.

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      • #4
        How long have you been off work already? If FMLA applies, the employer MUST designate your leave as FMLA leave. What exactly does the form they want you to sign say?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          How long have you been off work already & when will you get your cast off?

          Thanks.
          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.

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          • #6
            Cast is on for 4-8 weeks, I've been out for three days. I've yet to see the actual FMLA form.

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            • #7
              FMLA PROTECTS your job. I'm not sure where you got the idea that FMLA would require you to forfeit returning to work.
              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
                Originally posted by cbg View Post
                FMLA PROTECTS your job. I'm not sure where you got the idea that FMLA would require you to forfeit returning to work.
                I just wanted to make sure that by some technicality signing up for FMLA would not prevent me coming back despite my employer's reluctance to let me do so.

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                • #9
                  FMLA gives you up to 12 weeks of medical leave with your job protected. An employee who is covered by FMLA CANNOT be terminated if they are able to return in 12 weeks or less, unless the employer is able to provide VERY convincing evidence that the termination would have happened anyway (for example, FMLA would not protect an employee whose entire department is being downsized). Whereas if you refuse to return the FMLA forms, you are subject to the employer's attendance policy, and I can think of very few employers who will allow an employee to be off for 4-8 weeks of unprotected leave with no possible repercussions.

                  You are overthinking this and as a result working against your own best interests.
                  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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                  • #10
                    Originally posted by cbg View Post
                    FMLA gives you up to 12 weeks of medical leave with your job protected. An employee who is covered by FMLA CANNOT be terminated if they are able to return in 12 weeks or less, unless the employer is able to provide VERY convincing evidence that the termination would have happened anyway (for example, FMLA would not protect an employee whose entire department is being downsized). Whereas if you refuse to return the FMLA forms, you are subject to the employer's attendance policy, and I can think of very few employers who will allow an employee to be off for 4-8 weeks of unprotected leave with no possible repercussions.

                    You are overthinking this and as a result working against your own best interests.
                    Just wanted to get an opinion. I really don't trust the HR at my job, they have in fact been sued and lost for labor abuse and I did not want to leave anything to chance. Thanks, DH.

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                    • #11
                      Complete & return the FMLA paper work so you have job protection. It's to your
                      benefit to do so.
                      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

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