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FMLA, long term disabilty insurance and medical termination


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#1 output123...

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Posted 12 December 2012 - 10:22 AM

I would like to know what my options are with my employment?
I have exhausted all of my FMLA and I have received my second check for long term disability for an injury that occured at home. I am unable to do my job at work due to physical restrictions from my surgeon. There is a very good chance that I will need another surgery again in the near future. My occupational health nurse sent me a letter stating that I have used all of my FMLA and asked if I have applied for long term disability. I called her as soon as I received the letter. She has been very supportive since my injury. I told her that I had the long term disability. She offered me a different job position for a few weeks till another employee came back from FMLA. The job consists of answering phone calls and dealing with complaints. I have never been in a office enviroment let alone the computer skills and dealing with the phone. My job now and past jobs have all been manual labor type positions.I like my job and I am a very good employee. I understand that it would be new job skills just in case I cannot go back to my job position. So, my first question is do I have to take this new job offer?

#2 Guest_FindLaw_Amir_*

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Posted 12 December 2012 - 10:41 AM

Did your employer inform you of the options you have regarding taking this new job offer or not taking it? To learn more about your rights as an employee, you may want to visit the Employment Law Center as a good resource.

#3 Fallen

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Posted 12 December 2012 - 01:16 PM

"So, my first question is do I have to take this new job offer?"

No. But I'm quite sure that's not all you want to know. If you've exhausted your FMLA time of 12 weeks in a 12-month period, you need to understand that the employer isn't obligated to hold onto your most recent job or any job at all, and is free to assign you to a new job, or simply let you go.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 output123...

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Posted 12 December 2012 - 04:21 PM

I do not want to work in the office if I do not have to. So, if I get medical termination do I keep my long term disabilty? I am certain they will rehire me in the future.

#5 Fallen

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Posted 13 December 2012 - 08:40 AM

Either a doctor says you're able to work at X or it doesn't. I wouldn't presume the termination would be "medical" and obviously we cannot know from here whether you'd be able to "keep"/qualify for long-term disability from here.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#6 output123...

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Posted 13 December 2012 - 01:12 PM

I will find out more from my surgeon in the next week or so. I am three months out from major shoulder surgery. The surgeon said that my healing would take 6 months to a year. That's why I believe my up coming appointment with the occupational health nurse and refusing the new temp job will be medical termination.




#7 output123...

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Posted 01 February 2013 - 09:29 AM

Thanks everyone for you replys. I am back to work and doing well as of Late January.




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