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llrn7470 04-17-2009 05:14 AM

Quote:

Originally Posted by lostmary (Post 497155)
How can they tell you you can't get medical leave. You could go leave eithout pay. I was working when I first had to go out,(it was for a group of drs.)they said, oh yeah get better, but HR said they couldn't hold my position, that I could come back and reapply when I was better. I reported them to unemployement, and after a 3 way phone call, it was determined that they could not let me go because of having to be off for medical reason. Needless to say, they weren't happy, but they had to go along with the determination. Please look into their decision. there is no reason you should have to suffer because your company is being a butthead.

Hugs
Mary
:grouphug:

This is exactly what they are telling me. They say that I have exhausted my FMLA for the rolling calander year and that without it, they will not hold my job. When you say you reported them to "unemployment" who do you mean?

lostmary 04-17-2009 07:04 AM

Quote:

Originally Posted by llrn7470 (Post 497294)
This is exactly what they are telling me. They say that I have exhausted my FMLA for the rolling calander year and that without it, they will not hold my job. When you say you reported them to "unemployment" who do you mean?

what happened is I went out for surgery and it turned out it was taking a few months to heal. the company called me and said they couldn't hold my job for me any more. So I figured I was laid off and tried to get unemployment. after a 3 way phone call, unemployment determined that I was fired with out medical reasons, and was illegally fired, and they had to give me my job back. I also had called the Virginia employment commission, and anyone else I could get on the phone. Turned out, at least here, that a company can't refuse you the right of medical treatment by threatening to fire you. If I were you, I would spend time calling all the govt. agencies and find out what the rules are. I think your company is giving you bad advice, but please, remember that each state is different. Also, call your congressman/senator. Use all your resources and if you like your job do not to let them get away with it. Let me know how it works out. I think things are on your side. also, call several lawyers and just ask the question. They will usually tell you the answer with charging you.


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