On disability cant go back to work . . . job firing me?

Question

so ive been on FMLA lveae and my job called me and told me that i have to return back to wok because i have used all the fmala time up... Well i cant return to work my doctor still has me out. So my job wants to fire me due to thier attendence policy.

My job has been laying off people while i have been gone due to a company down size .. they offer a severnce package only if you get laid off . . but since they are firing me i cant get it.. is there any way around this??

Answer 1

Unfortunately, your company is within rights to terminate you if you have exhausted all of your available FMLA leave.  Some companies, if they are laying off employees in your same job classification anyway, would opt to lay you off and provide you with severance, but there is no legal requirement that they must do so.

I hope you recover soon.

Answer 2

FMLA -- which is a federal law -- only protects your job for up to 12 weeks.  If you go past the 12 weeks, no employer has to return you to your previous position.  

Disability is not job protection, it's a salary replacement plan that provides payments when you cannot work.  But it offers no job protection.

If you cannot return to work at the end of your 12 weeks, you have no other options.  You can be legally terminated and therefore have no right to the packages the other employees are receiving.

Answer 3

The problem is you aren't on disability.  You need to be on disability - not FMLA.  If you've exhausted your leave time (it is limited with all companies) but you still aren't able to return to work and you don't qualify for disability - your company is within its rights to fire you.  Hope things get better soon!

Answer 4

Sorry, but if you have used up your FMLA time and aren't able to go back to work, they are within their legal rights to file you, and have no obligation to give you a severance package.

Answer 5

yes they can terminate you..............

they don't have to offer any severance package and if they did your disability would take an offset for any funds received so you would be no better off.

advice:

if the policy you have with the Hartford is a LTD that was paid for by the employer (which means it is covered under ERISA) when they decide to quit paying your benefits, which they will at some point around two years of benefits, and they send you the letter letting you know that you can appeal immediately seek legal counsel.

ERISA is an extremely unfair law that the insurers have found to be a great protection to themselves and if the first appeal is not handled perfectly when you get to the stage that you must file a federal civil case(the final, third,  appeal step requires filing in federal court under ERISA sec 502) there will be little you can do to help your case.