Chickie204
New Member
Hi,
I have a chronic illness and I relapsed a couple of years ago and tried to keep working but had to take off work on short term disability a few times. Then last year in May07, I took off on short term disability again however my time ran out around Sept. 07 and I did not have long term disability so I went on a leave of absence without pay. According to company policy, we can take off up to two years and still be able to return to work and go back to our old position or be put in another position comparable to the position we used to have. I was doing much better after the first of this year so my doctor released me to return to work on Feb. 04, 2008. I contacted my manager and informed him I was released to return to work. He stated there were no jobs available and for me to log on to the company website and start applying for jobs. I thought that was not right because company guidelines stated that we are guaranteed a job when we returned to work within two years of going
on LOA. Anyway, I went to the company website and applied for numerous jobs. I kept in contact with my manager, calling at least a couple of times a week. However, every time I called, my manager said the same thing "There are no jobs available. Finally after a couple of months of calling my manager, I called Humane Resources and asked what the guidelines were concerning " Coming back to work after an LOA. Of course they did not know anything but they did inform me that I was still listed as being on LOA. So, I contacted my manager again and asked why I was still listed as being on LOA? He then stated " Oh, you didn't call HR to let them know you were released?" I told him that I was under the impression that I was just supposed to let him know and he was supposed to take care of that. He then said well, fax me a copy of your release. So, I faxed him a copy. Then another month went by with still no job so I called HR again and asked them again what I needed to do. They told me I needed to contact my manager and then informed me that I was still listed as being on LOA. I then called my manager again and asked him why I was still listed as being on LOA and he said he did not receive my fax. He asked me to fax it again and he would take it to the local HR by hand so he would be sure they received it. I faxed it again and waited another month and called HR again and they told me to contact his manager and ask her what our unit's guidelines were regarding my situation. So, I called his manager's secretary and left her a message to inform his manager to return my call. The secretary stated his manager was out that day so I told the secretary to have his manager call me the following day. Then approximately a half a hour later, my manager called me and asked me if I needed anything because the secretary told him I called for his manager. I told him that HR told me to speak to his manager to see what the unit's guidelines were concerning an employee returning to work after an LOA. He stated that he has been working hard to find me a position and he may have one for me. So, I waited another few days and he never called me back so this time I waited until after hours and called his manager and left her a voice mail to call me the next day. Well, the next day she called me and said my manager was in the office with her and she wanted to know what I needed. I told her that HR asked me to call her and see what the unit's guidelines were concerning my return from LOA. She stated they did not really have any set guidelines and it was up to my manager. She then stated he was working very hard to find me a position. SO, I waited another week or so, and my manager called me the week of July 21, 2008 and told me to come into work on August 4, 2008 and I would be helping other employees to get caught up on their work and in the mean time, I could keep applying for job positions. Well, I went to work that Monday and helped many people with their work. Then, the next week my manager told me he wanted me to clean up the storeroom. I noticed when I was in the storeroom, there were rat droppings all over. I told my manager there were rat droppings all over and he said "Yeah, we have had some problems with rats but they have all been killed. I then told him I needed some gloves or some protection because I was afraid I would get sick from the rat droppings. He got a disqusted look on his face and told me to ask the cafeteria lady if she had any gloves or I could bring some from home and he would reimburse me for them. I He then left and I asked the cleaning lady for gloves and tied a hankerchief around my mouth and nose and cleaned everything up. I was also lifting very heavy boxes above my head. Then on payday, I noticed they had deducted my benefits that I had already paid, from my pay check. So, I contacted HR and told them about the mistake. They explained the reason they had taken the benefits out was due to the date I was released from LOA and returned to work. I then asked them when do you show me coming off LOA and returning to work? They stated my files showed I was released from LOA on Sept. 24, 2008 and it was also the same day my files showed me returning to work. I knew that was totally wrong so I went to the local HR person and asked her what the guidelines were concerning an employee returning from a medical LOA within the two year time limit. She told me she would find out. A couple of days later I went to see her and she stated she spoke with my manager and his manager and they all decided to go back to Feb. 7, 2008 and give me back pay from that date to the date I physically returned to work. She never did answer my question about the guidelines concerning a return from LOA. I also had asked her what the guidelines were concerning an Employee returning to work when there were many temporary workers working in the same area? My manager had been telling me for months there were no jobs yet he had quite a few temporary workers working there since Jan. 08 and they are still working there. Company guidelines state an employee is put to work before any temporary employee. All the jobs the temps are doing, I am very qualified to do. I again asked the HR person about the temporary workers and she told me she forgot but she would look into it and either her, my manager or his manager would get back to me with the answers. Then a couple of days later, my manager had set up a meetings to meet him at 9:00 in the morning. So, I went to his office at 9:00 AM and he had one of the temporary workers (One that worked in the area I was helping) in his office and told me to go back to my desk and he would call me when he finished. He then called me back and told me he was going to start sending me to another area in the company to start learning how to do the job there. After that, I went back to my desk and noticed the supervisor of the area I was working in, had all the employees in that area, along with the temporary employee and they were all talking. A little while later, she came to me and said "I don't know if your manager told you but we are going to have to let all the temporary employees go at the end of the year. I told her that was unfortunate because I know they really liked the Temp who was working in that area. Now, my manager is trying to force me to take a very stressful position and my doctor told there was no way I was to work in an area that stressful because I would end up relapsing again and it could very well kill me. Anyway, I could go on forever because there are so many things done to me by my manager and they are worse than what I have already described! Can anyone tell me what my rights are according to the law? I appreciate any help I can get because I have a feeling they are going to try to lay me off (fire me really).
Sincerely,
Chickie204
I have a chronic illness and I relapsed a couple of years ago and tried to keep working but had to take off work on short term disability a few times. Then last year in May07, I took off on short term disability again however my time ran out around Sept. 07 and I did not have long term disability so I went on a leave of absence without pay. According to company policy, we can take off up to two years and still be able to return to work and go back to our old position or be put in another position comparable to the position we used to have. I was doing much better after the first of this year so my doctor released me to return to work on Feb. 04, 2008. I contacted my manager and informed him I was released to return to work. He stated there were no jobs available and for me to log on to the company website and start applying for jobs. I thought that was not right because company guidelines stated that we are guaranteed a job when we returned to work within two years of going
on LOA. Anyway, I went to the company website and applied for numerous jobs. I kept in contact with my manager, calling at least a couple of times a week. However, every time I called, my manager said the same thing "There are no jobs available. Finally after a couple of months of calling my manager, I called Humane Resources and asked what the guidelines were concerning " Coming back to work after an LOA. Of course they did not know anything but they did inform me that I was still listed as being on LOA. So, I contacted my manager again and asked why I was still listed as being on LOA? He then stated " Oh, you didn't call HR to let them know you were released?" I told him that I was under the impression that I was just supposed to let him know and he was supposed to take care of that. He then said well, fax me a copy of your release. So, I faxed him a copy. Then another month went by with still no job so I called HR again and asked them again what I needed to do. They told me I needed to contact my manager and then informed me that I was still listed as being on LOA. I then called my manager again and asked him why I was still listed as being on LOA and he said he did not receive my fax. He asked me to fax it again and he would take it to the local HR by hand so he would be sure they received it. I faxed it again and waited another month and called HR again and they told me to contact his manager and ask her what our unit's guidelines were regarding my situation. So, I called his manager's secretary and left her a message to inform his manager to return my call. The secretary stated his manager was out that day so I told the secretary to have his manager call me the following day. Then approximately a half a hour later, my manager called me and asked me if I needed anything because the secretary told him I called for his manager. I told him that HR told me to speak to his manager to see what the unit's guidelines were concerning an employee returning to work after an LOA. He stated that he has been working hard to find me a position and he may have one for me. So, I waited another few days and he never called me back so this time I waited until after hours and called his manager and left her a voice mail to call me the next day. Well, the next day she called me and said my manager was in the office with her and she wanted to know what I needed. I told her that HR asked me to call her and see what the unit's guidelines were concerning my return from LOA. She stated they did not really have any set guidelines and it was up to my manager. She then stated he was working very hard to find me a position. SO, I waited another week or so, and my manager called me the week of July 21, 2008 and told me to come into work on August 4, 2008 and I would be helping other employees to get caught up on their work and in the mean time, I could keep applying for job positions. Well, I went to work that Monday and helped many people with their work. Then, the next week my manager told me he wanted me to clean up the storeroom. I noticed when I was in the storeroom, there were rat droppings all over. I told my manager there were rat droppings all over and he said "Yeah, we have had some problems with rats but they have all been killed. I then told him I needed some gloves or some protection because I was afraid I would get sick from the rat droppings. He got a disqusted look on his face and told me to ask the cafeteria lady if she had any gloves or I could bring some from home and he would reimburse me for them. I He then left and I asked the cleaning lady for gloves and tied a hankerchief around my mouth and nose and cleaned everything up. I was also lifting very heavy boxes above my head. Then on payday, I noticed they had deducted my benefits that I had already paid, from my pay check. So, I contacted HR and told them about the mistake. They explained the reason they had taken the benefits out was due to the date I was released from LOA and returned to work. I then asked them when do you show me coming off LOA and returning to work? They stated my files showed I was released from LOA on Sept. 24, 2008 and it was also the same day my files showed me returning to work. I knew that was totally wrong so I went to the local HR person and asked her what the guidelines were concerning an employee returning from a medical LOA within the two year time limit. She told me she would find out. A couple of days later I went to see her and she stated she spoke with my manager and his manager and they all decided to go back to Feb. 7, 2008 and give me back pay from that date to the date I physically returned to work. She never did answer my question about the guidelines concerning a return from LOA. I also had asked her what the guidelines were concerning an Employee returning to work when there were many temporary workers working in the same area? My manager had been telling me for months there were no jobs yet he had quite a few temporary workers working there since Jan. 08 and they are still working there. Company guidelines state an employee is put to work before any temporary employee. All the jobs the temps are doing, I am very qualified to do. I again asked the HR person about the temporary workers and she told me she forgot but she would look into it and either her, my manager or his manager would get back to me with the answers. Then a couple of days later, my manager had set up a meetings to meet him at 9:00 in the morning. So, I went to his office at 9:00 AM and he had one of the temporary workers (One that worked in the area I was helping) in his office and told me to go back to my desk and he would call me when he finished. He then called me back and told me he was going to start sending me to another area in the company to start learning how to do the job there. After that, I went back to my desk and noticed the supervisor of the area I was working in, had all the employees in that area, along with the temporary employee and they were all talking. A little while later, she came to me and said "I don't know if your manager told you but we are going to have to let all the temporary employees go at the end of the year. I told her that was unfortunate because I know they really liked the Temp who was working in that area. Now, my manager is trying to force me to take a very stressful position and my doctor told there was no way I was to work in an area that stressful because I would end up relapsing again and it could very well kill me. Anyway, I could go on forever because there are so many things done to me by my manager and they are worse than what I have already described! Can anyone tell me what my rights are according to the law? I appreciate any help I can get because I have a feeling they are going to try to lay me off (fire me really).
Sincerely,
Chickie204
