short term disability/ doctors break requirements

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rpattonny

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Ok hopefully this wont get too long

My Fiancee is 9months pregnant with my first child. well about 3 weeks ago she was taken out of work and put on short term disability by her doctor because and this is part of the problem Her doctor asked for a break every hour or so or atleast 1 in the morning and one in the afternoon. The manager said no as her role involves running around all day (which isnt good for a pregnant woman to be doing anyways) also asked for a stool for when she was located at the register so she could get off her feet. well needless to say the manager said no so the doctor took her out of work the next day. well she had made sure all the paper work was in order b4 this all happened so it would be an easy transition into disability and out of work time. well according to her boss the paperwork was processed and put through within the very next week. well 2 weeks into it we call to verify the progress of everything and find out that he reinstated her on her medical insurance and the disability had not been processed or any record was on file. So now we are scrambling to get everything in ourselves.
So my question isnt whos responsibility it is to process this paperwork because it probably falls on us (if im wrong please let me know ) but i wanna know if we have any grounds for any action againest this location as there are 3 other employees that he has on his staff that get there daily smoke breaks with out question 1 in the morning and 1 in the afternoon while my fiancee continues working covering there breaks most of the time. So can anybody answer is there any actions we can take againest this company specifically the management of this location. She has 5 years experience over her coworkers and she is the one that seems to be held with the majority of the work. please dont take this as a complaint againest her working she would have continued if she could but she had already been in the ER twice prior to this because of dehydration and the doctors said she could have had an IV in her while running around all day and she still would have been dehydrated so is there any action that can be taken againest the management at this location ??????
Please help we are also in jeoperdy of losing her short term disability because of the way the paperwork was handled having a child is expensive enough without having to fight your employer for the benefits at the same time.
I was always under the impression an employer was suppose to somewhat accomodate a employees doctors notes when able and this place there is no reason someone else couldn't have been switched to her position.

Any help would be greatly appreciated
 
http://www.dol.gov/esa/whd/fmla/

short term disability and fmla are 2 different things. the employer is responsible for designating leave within 5 days of notification to the employer that leave is required. the united states dept of labor has a form that an employer is supposed to complete for fmla time if the employer does not have their own form for compliance

http://www.dol.gov/esa/whd/forms/WH-380-E.pdf

if the employer was provided with medical documentation from the physician stating the need for leave and duration, it is the employer's responsibility to designate leave once notified.

disability is a different matter

http://www.jan.wvu.edu/soar/other/preg.html

suggestions might be to contact your local office of the us dept of labor and eeoc

your state may also have more generous leave/disability laws that may apply as well
 
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