Employee rights.....question

Discussion in 'Fibromyalgia Main Forum' started by RT_3113, May 18, 2006.

  1. RT_3113

    RT_3113 New Member

    This is a general question for anyone who can assist me. Does anyone know, what the legal rights are when your FMLA runs out? Does the employer have the legal right to suggest that you retire/quit? Don't most employers give their employee an extension for illness that lasts longer than expected?

    I appreciate any help you all can give.


    Thanks
    RT
  2. suzetal

    suzetal New Member

    After a year my company had me sign termination papers.I mad sure that it said terminated due to illness.

    That way I be hired again by the same company.And also my work record has no bad marks that way.And they can not give me a bad referance

    Hope I was a little help.
    Sue
  3. aquabugs

    aquabugs New Member

    I had to take off in September until November 1. My company had changed the way they awarded FMLA time during the year which was to my detriment.

    When I was unable to go back to work in NOvember and my doc said I needed to be off until at least March, my company sent me termination papers on the basis of missing too much time due to illness.

    I had no prior bad marks and am also eligible for rehire if I become able to work again.

    Good Luck
    Sylvia
  4. JLH

    JLH New Member

    I do not know what the exact "legal" rights are when your FMLA runs out; however, every company probably has their own policy.

    If your FMLA runs out, my company's policy was:
    (1) you must return to work.
    (2) if you needed more time off and you had any vacation time left, you could take those vacation days; if not, you must return to work.
    (3) if you are unable to return to work, you must either resign; or if you are elibigle, retire; or if you refuse to resign or retire, the company would then probably fire you.

    If you had a really accomodating boss, and company, they could allow you more time off (not FMLA), but it would be unpaid, of course. However, if you have used all of the allotted FMLA time and need more, you are essentially telling your employer that you are too sick to work--so, your employer would probably just want to replace you--after all, they do have a job to do and need someone who is able to be at work on a regular basis to do it.
  5. fairyborn

    fairyborn New Member

    So when taking FMLA leave is it actual paid leave?
    Kass
  6. lvjesus

    lvjesus Member

    and you should find the government's web site which is where I got all my info when I was researching it.

    I thought it was renewable, but maybe that depends on the company. Leave is unpaid. The company I was working for at the time paid you for it but you had to use all your sick and vacation time before FMLA kicked in. Also those days counted as part of the 12 weeks for FMLA, meaning if I took 2 sick days for FM then I would have 82 days of FMLA left, etc.

    I hope this helps.
  7. JLH

    JLH New Member

    Regarding if FMLA leave is paid or not .....

    I worked for a huge corporation, a contractor to the federal government, and when we took FMLA time, it was out of our paid sick days, until those days were exhausted, then the rest of the days, up to the limit of FMLA time allowed, were unpaid.

    The advantage to having those paid sick days coded as FMLA was that those days absent from work were NOT SUPPOSED TO BE counted against us--as relating to our performance reviews, for layoffs, etc. However, they WERE, no matter what the rules are, my superiors always mentioned in my performance reviews that " .... I missed xxx number of days due to illness, and xxx number of days in FMLA time."

    I worked on the staff of our top management and was in all management staff meetings and heard all of their discussions about FMLA time. They all thought it was a joke and just a way for those who called in sick a lot to cover their butts and not get fired.