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Short Term disability time frame for 2 different diagnosis

Discussion in 'Medical Leave & Disability' started by StacyReed, Nov 11, 2014.

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  1. StacyReed

    StacyReed Law Topic Starter New Member

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    I originally went to the doctor and a foot issue. The doctor I saw at that time said that I had heal spurs. After weeks of on & off missing work and steroids, I went to a specialist. The specialist diagnosed me with stress fractures in my heal. My employer started counting my 12 weeks with the first diagnosis but I did not have paperwork completed for FMLA until I was seen by the specialist. Is this legal? Are they calculating my time off correctly? They are telling me that I must return to work tomorrow to keep my job and same pay. They said that they could put me in another department for less pay. From what I have read, they aren't allowed to do that. Please help me face the right direction with these issues. Thanks..
     
  2. disagreeable

    disagreeable Well-Known Member

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    The 12 weeks starts from when you missed work. At the end of 12 weeks they could terminate you absent a contract or CBA. I would take the job.
     
  3. cbg

    cbg Super Moderator

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    If you have missed 12 weeks of work, then yes they can do that. If you are not back to work on week 13, day 1, you lose your FMLA protections.
     
  4. ElleMD

    ElleMD Well-Known Member

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    While paperwork is preferred, it is not required. In fact, it is just the opposite. An employer who knows an employee is off for a serious health condition must designate the time as FMLA, even if the employee fails to turn in paperwork. You do not mention why you failed to do so even though you were off for many weeks. Regardless, you are not entitled to "extra" time due to your own non-compliance.

    If after 12 weeks you still need time off, they may legally fire you. Or, they can do what they are doing and offer you a different position.
     

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