I have a question regarding employers and disability discrimination. I was recently on intermittent fmla due to me having M.S. and going through a relapse. I had missed a Friday and the following Monday. I came back to work on Tuesday and found out that my employer posted my job. I don't know much about my legal rights, etc. but I thought that they couldn't fill my position when I was still in it and had only missed a couple of days. Does anyone have any knowledge about this?
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Not enough info
There is not enough information in your post. Intermittent FMLA requires a lot of documentation be on file with your employer - are you sure it was filed and you were approved?, how much FMLA have you used within the last year? When you have to take time off due to an FMLA approved situation - you have to notify your employer that you are utilizing your FMLA time, otherwise the protection is not there.
If you filed all the paperwork and did not run out of time (I believe a total of 13 weeks total in a year) - they should not be able to do take your job away.
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Yes, I was covered on FMLA. I had all the paperwork needed on file,etc. I have tons of documentation about the dates, etc. and when my job was posted. I hadn't used anywhere close to 12 weeks. Everything was in order on my part and they still posted it, only for me to find out when I returned to work after two days off.
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Assuming you left under FMLA and you did not exceed the amount of time allowed under it, your employer is only obligated to return you to either:
1. The same position you left
or
2. an equivalent position.
An equivalent position, under the law, would be a position equal in pay, benefits and working conditions.
There is a loop hole but this involves "Key" positions. This type of position would be deemed down right irreplaceable, even for a short period of time. These positions have to be filled or it would caused substantial/grevious injury to operations.
Frankly, we're talking CEO type staff.
As far as your legal rights go, it's spelled out in the FMLA. Just put FMLA in any search engine and you'll find it."It's easier to be critical than correct."- Disraeli
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Feeling Discriminated against!!!
I just would like to know what anyone thinks of this. I have been laid off from my job for two yrs at a ford dealership in customer service. Shortley, after being laid off I was diagnosed with MS. At, this point I was still going in to there and talking to my friends and seeing them. My fault should have never ever told them I had MS. I have relasped a few times and have good days and bads days. I had talked to my manager back in october and she told me the reason, I was prob. not getting my job back was due to my MS. She said maybe they think you may get sick and miss work. I have now been, on copaxone for almost a yr.They put someone back in service doing a job which i could have done but due to my illness I guess they do not want me there. I am very mad,I am a person I deserve a chance to have my job back and not be left out just because I have MS. Does, anyone have any suggestions?
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Italiangirl - Based on your post, it can be construed that the Manager was offering an opinion not fact. The operative word you mentioned in your post was "probable"
That being said, you are the only one that can definitely say how and what was actually said.
Nevertheless, unless your manager actually said something as damning as "You weren't hired back because they found out you had MS", it is going to be very hard to pursue.
Below is the website to the ADA, in case you don't have one.
http://www.eeoc.gov/facts/ada18.html
This should help you determine if the ADA was violated in your case. Good luck."It's easier to be critical than correct."- Disraeli
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Italiangirl- I found something even more direct for you.
There is a govt. phone # (US Dept. of Justice) that you can call where you can pose your question to an ADA speciialist during business hours (M-F / 9:30 a.m. to 5:30 p.m. EST.)
1 800 514-0301
www.ada.gov"It's easier to be critical than correct."- Disraeli
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Originally posted by krosburn View PostI have a question regarding employers and disability discrimination. I was recently on intermittent fmla due to me having M.S. and going through a relapse. I had missed a Friday and the following Monday. I came back to work on Tuesday and found out that my employer posted my job. I don't know much about my legal rights, etc. but I thought that they couldn't fill my position when I was still in it and had only missed a couple of days. Does anyone have any knowledge about this?
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my Hubby did
file a complaint with the EEOC for age discrimination. His boss actually had Frank's new and much younger replacement, come and tell him he was fired and to give him the company car keys. (My hubby had just turned 60 and the new boy was only 21 or 22.) This would left him stranded 45 minutes from home. If you think that's bad, the boss during a phone call, told my hubby that "he was being replaced by a younger, smarter whippersnapper, fresh out of college." So Frank then filed with the EEOC.
It cost us $1,000 to retain an attorney that then did absolutly nothing for a year, other than 2 phone calls. Once the EEOC reviewed the case, they said that my dh didn't have 'proof' that that was why he was replaced. Even though he WAS replaced by a young man. So yep, cost us a grand to lose the case.
Good luck to you, it seems to be impossible to prove to me, after going through this with him. I hope you have a real attorney to help you with it.
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