Can I be fired

[Richard102558]

Conditions at work ( harassment ) created or augmented a medical problem such that my dr said I had to take leave . I am filing for fmla and then std or workmans comp based on dr's findings

If they deny my fmla , can they then fire me immediately? Should I give examples of what behavior and what my response was to it to show illness? Any advice ?
Thx

 

[disagreeable]

It is very unlikely a preexisting condition such as you described will fly as WC. If you are eligible for FMLA you should qualify.

 

[ElleMD]

It is hard to advise you without knowing what the behavior was or on what basis you were harassed. In employment law, not all "harassment" is illegal. There is a very specific definition and the conduct is only illegal if it because of a few legally protected reasons. If you feel comfortable sharing the reasons you are being harassed and what that harassment consists of, we can point you in the right direction as far as remedy. It would be a very, very rare case that qualified for WC.

If you have a medical condition which renders you unable to work for some time, FMLA (your state has an equivalent law as well) might be your best option, asuming your employer is large enough to be compelled to offer it (50 ees in a 75 mile radius)and you otherwise qualify (at least 1 year of service, worked at least 1250 hours in the past year). Your state is also one of the very few which does offer disability insurance. Even if you do not qualify for FMLA, you might qualify for benefits there.

To apply for FMLA, you will need documentation from your doctor which indicates you are suffering from a serious health condition, the date that that condition rendered you unable to work and ideally the date you can be reasonably expected to return. Your employer may have a form for your doctor to use. Contact your HR department or whomever handles leave and request the form. It is impossible to know wat your employer's requirements are for requesting leave but you are still required to follow those. It is important that you let your employer know that you believe your condition falls under FMLA. Just calling off sick doesn't protect you.

 

[cbg]

If you and your employer both qualify for FMLA, and your doctor certifies the need for the leave, FMLA is more or less guaranteed. The employer does have the right to require you to seek a second opinion (at their expense) and if the two disagree, they can send you for a third opinion (again at their expense) and the opinion of the third doctor is binding.

However, please be aware that neither STD or workers compensation automatically extends your leave beyond the initial 12 weeks. Neither of them is leave; they are how you get paid while you are on leave. Both STD and workers comp can and do run concurrently with FMLA. Barring a state law that expressly says otherwise (I do not recall offhand if NY has one and I am not where I can look it up) you can legally be fired at the end of your 12 weeks FMLA EVEN IF you have been approved for STD benefits and/or workers comp.