'Basically fired while on medical leave': Boss eliminates employee's position after she got 5 surgeries in 3 months

Advertisement
  • 01
    r/antiwork u/Danceswith dogs96 - 19h Basically fired while on medical leave
  • 02
    PM, Jan 3 (No subject) Hey, So glad to hear that you are on the mend. I understand that you are eager to return work after your medical leave, and I appreciate your dedication and commitment. However, I regret to inform you that the company's needs have changed during your absence. We are currently re-evaluating our requirements, and it appears that we no longer have a position available in the office. However, there is a possibility of some mobile work that you could do from home, if you are in
  • 03
    I've been out on medical leave for a WHILE. I have had a total of 5 surgeries/procedures done in the last 3 months. Texted my boss to let them know what day I'd be back, and this is the response. I know they're only offering the remote work to avoid being sued since I am protected under FMLA.
  • 04
    dessertsreversed • 18h This is why healthcare shouldn't be tied to employment. So sorry you're going through this while recovering. Reply 1.5k
  • 05
    Danceswithdogs96 OP 14h Luckily, I chose to pay for the "gold" health insurance during open enrollment for 2023. I paid $5k out of pocket. If I didn't have the insurance I did, I would have been thoroughly screwed. ... 213
  • 06
    PublicRule3659 - 18h This is a very HR response. Tread lightly. "As long as you are able to return to work before you exhaust your FMLA leave, you must be returned to the same job (or one nearly identical to it). This job protection is intended to reduce the stress that you may otherwise feel if forced to choose between work and family during a serious medical situation." https://www.dol.gov/sites/dolgov/files/WHD/legacy/ files/employeeguide.pdf ... Reply 42.7k
  • 07
    Danceswithdogs96 OP 18h I was approved for FMLA through January 20th, and I told the owner I'd be returning to work on January 16th. ETA: there is no HR at this company, if that matters. I am assuming he had his lawyer help write a response. 41.5k ...
  • 08
    Public Rule3659 - 18h So reading a little deeper into FMLA it look like you have a choice on if you want to return to what you had been doing or if you're willing to take this new position. Either way you should still be paid the same.
  • 09
    "On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment. An employee is entitled to such reinstatement even if the employee has been replaced or his or her position has been restructured to accommodate the employee's absence." https://webapps.dol.gov/elaws/whd/fmla/ 9e1.aspx NAL : ... 41.3k
  • 10
    Danceswithdogs96 OP • 14h Honestly might just copy and paste this as my response to him. If they're keeping someone else in my position, they definitely don't have the hours to give me. I bet they're hoping that I decline their offer. 4802
  • 11
    Oneirocritica • 11h They're hoping you quit so they don't have to pay unemployment ... 646
  • 12
    Wall StCRE 5h ● I would avoid pasting any legal argument until you learn more. A more simple answer would be "I'd like to return to my previous role, are you suggesting that role is no longer available? Can you explain to me the job function, title, compensation, and work necessary for this work from home opportunity? Will I be provided a laptop, internet, and other items necessary to work from home?" 4442
  • 13
    Slade_Riprock. 15h Actually FMLA doesn't prevent you from being terminated as long as the termination is not because of the reason you are on leave. In this case they are stating they no longer have a business need for Ops positions and therefore they legally can terminate them. FMLA is not the protection many think it is. 475
  • 14
    Danceswithdogs96 OP. 14h They no longer "have a business need" because a friend of my bosses' wife took over my position while I have been gone. ... 4 135
  • 15
    notevenapro - 6h O yea, no. They did not eliminate the position. They have to offer that position or a similar one. 17
  • 16
    morphinex2 14h This person FMLAs. I see this happen on the regular. OP you may still want to file a complaint with the DOL because the reason stated for your termination sure seems pretextual. It's exactly what someone trying to sidestep the law would say. ... 4103
  • 17
    Danceswithdogs96 OP. 14h Wouldn't be the first time he side-stepped. 59
  • 18
    JoeOutrage 16h ● Ugh, sorry to hear that. My wife had a surgery (total hysterectomy due to breast cancer), and I got laid off while on leave. No FMLA: one of the "joys" of being a remote first company is they don't buildup enough people in one state to need to meet FMLA requirements. The kicker was they sponsor moms who have had mastectomies with a year's worth of baby formula since they can't nurse ... And here's my wife in the same predicament and they let me go. . Even if they don't seem like

Tags

Scroll Down For The Next Article