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I posted this in the health care forum I'm sorry I didnt see this one. here goes. I work, or worked for a Cincinatti based conveyor company and my job is 100% travel. I started having problems with my left knee because we install conveyor systems In large distribution warehouses. We were working in Florida and I went to an orthopedic doctor. After 2 oral medications did not work the doctor wanted to try a cortazone shot but was concerned because I am a type 2 diabetic. She gave me the shot and a note keeping me off work 2 days. I took the note to work and the temporary supervisor told me he didn't have to submit it and told me to go to work. I worked 17 hours that day. I got off work and went back to my hotel where I fell out. My girlfriend called an ambulance because I was going into respatory failure. I was admitted to the hospital in Florida for 2 or 3 days. my blood sugars had spiked to almost 600.

I got out of the hospital and returned to work. I called my hr. department and scheduled 11 weeks FLMA and set up short term disability. I went back to Missouri for my orthopaedic surgeon to look at my knee and perform arthroscopic surgery. I had to get clearance from my heart doctor since I suffered a major heart attack in 2013. the next morning I had another attack similar to the one in Florida and again taken by ambulance to the hospital. Being unconscious and prior heart patient they did a heart Cath. when I woke the doctors were standing over me telling me I needed a bypass operation so I told tham ok and had it done nov8th 2018. I then had the arthroscopic surgery March 8th. My knee was much worse after the surgery and my knee doctor told me " well you don't have the knee of an 18 yr old" then retired. My primary care Dr. put restrictions on me and my employer refused to put me back to work until I was 100%. I scheduled a second opinion and my insurance approved. my company pays short term for a 40 hour week for 6 months yet my work is mandatory 60 hour weeks. in April I was switched to long term ( option I paid for out of my check) I received a notice from my employer that I had full access to my 401k and I could take a full withdraw or roll it over but I could keep my health benefits if I paid 190 a week or pay period. I called Hr. to find out details and told I don't have to worry about it. everything was taken care of and they hung up. 

in July I get a notice to pay $774 to keep my benefits for work. that if I don't pay I will lose my benefits. I have a partial knee replacement in 2 weeks but I don't think I have a job to return too. have I been discriminated against? I think I need a good lawyer. any suggestions?

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I also need to include that in 2014 when performance evaluations came out My co worker received a 1.5 evaluation and got a 2.5% raise. I got a 2.5 evaluation and got a 1.5% raise. when I qufestooned the raise I was told by my supervisor if I got the 2.5% raise I would be making more than him. then he told me I was already at the top of my pay grade. I just remembered this. I did like working there. loved my work and job. compensation was still good so I just let it go for  fear of retaliation

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Even on FMLA, you are responsible to pay your portion of your benefits, and the law does NOT require that you be sent notices or reminders once the initial  notice has been sent. There is nothing discriminatory about cancelling your benefits if you fail to make the payments.

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It is a little bit hard to follow your post and determine what your question is. It sounds as though you have been off work for more than 12 weeks in the past year. If that is the case, then you are no longer covered under FMLA. Short term extensions of leave *can* be a reasonable accommodation under ADA, but nothing in ADA requires the employer to maintain insurance for an employee on leave. It isn't clear if you filed for that particular accommodation or not. While most STD plans will cover you for 6 months, that is not the same as leave from work. It is merely an income replacement insurance. Employers are free to have their own leave policies and allow more than the minimum the law requires. Any additional time beyond what is statutorily required (i.e. FMLA) is at the discretion of the employer and subject to whatever rules the employer has as part of their policy. It is not at all unusual when granting long term leave to make the employee responsible for some or all of the insurance premium. $774 is not overly expensive as far as premiums go.

 

Nothing you describe, including the more modest raise due to already being at the top of the pay scale, or to keep your pay in line with colleagues indicates any sort of illegal discrimination.

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