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Under Dr.s Care South Carolina

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  • Under Dr.s Care South Carolina

    I've been under dr.s care off and on for about 7-8 mths. Recently i've been out for a month and a half. This has been the longest I've been out on dr.s care. Tried going back to work, but still having problems. I'm a diabetic and had a couple toes amputated during the past 8 mths out. I stand on my feet because I'm a cook in a restaurant. I've been working with the company for the past 20+ years. Can I apply for disability until I can go back to work? Can they fire me while under dr.s care?

  • #2
    How much total time have you missed since you started being out? What type of disability income are you talking about (examples: DI that your employer offers, an individual DI policy....)? You aren't talking about SSDI are you possibly? You can always apply for DI & see if you are approved. Yes, it is possible to be fired while out sick & under a doctor's care.

    Do you & your employer meet the requirements for FMLA - here is a link to the requirements.

    http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
    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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    • #3
      I meant to say partial unemployment not disability. I've already applied for disability and still awaiting results for that. Total amount of time out within the past 8 mths is about 2 to 2 and half mths.

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      • #4
        It is a myth that you cannot be fired if you are under a doctor's care, so the literal answer to your question is Yes.

        However, it may be, depending on your answers to Betty's questions, that you are entitled to a bit more time off.

        A few things to be aware of:

        1.) FMLA protects your job. Collecting disability benefits does not. FMLA is limited to 12 weeks per 12 month period. If you exceed the 12 weeks, you can be let go EVEN IF you are still collecting disability.

        2.) It's possible that the ADA may be implicated here; however, it's your responsibility to bring that to the attention of your employer, not theirs to suggest it to you. However, please note that the ADA will NOT require that they provide you with unlimited leave or that they eliminate any essential functions of your position. It MAY require that they give you a short extension to your FMLA or allow you to sit during the day.

        Anything more will require more detail.
        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
          You can't get UI if you can't work. UI is for when you are ready, willing & able to work. (& looking for work)
          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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