9 to 5
Dear Community,
Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.
If you have questions about this, please email help@theknot.com.
Thank you.
Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.
Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.
If you have questions about this, please email help@theknot.com.
Thank you.
Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.
Do I have any options? re: injury/job loss
Background:
I work in the public sector (in New Jersey) and was approved for federal medical leave due to a broken leg and an inability to drive. I applied for an extension and part of it was approved and the part that exceeds the 60 days of federal leave was denied. It states I have to return to work by the 61st day or that it will be deemed job abanonment and I will be fired. In order to return to work I need a note from my doctor clearing me for full duty. He will not clear it if I am unable to drive. This means I have 2 months to make a full recovery.
If my doctor does not clear me, they will not permit me to work (others have been sent home). Can they still fire me if I do not have a doctor's note?
Re: Do I have any options? re: injury/job loss
Why don't you have 84 days (12 weeks) of FMLA leave?
Do you drive FOR work or just to and from work? Because there are other options for commuting is that is the only concern here. How long does the doctor expect you to be out on disability? Is 60/84 days a problem?
Aside from that issue -- chances are that yes they can legally fired you after FMLA if they qualify for it. I'd consult with an lawyer that specializes in these cases to be certain as laws vary with each state and will depend on the circumstances of your injury.
They only count the working days (M-F) = 60. For a total of 84.
Thanks for your response.
Also - have contacted an attorney. But my real question is - what if show up to work without a doctor's note. I am willing to work and risk futher injury to myself, but I know for a fact due to the experience of others in the office that they will not take you back without a note.
What if my doctor refuses to clear me? .. and what if I show up without a note. Then I technically didn't abandon my job and my doctor won't write a note if I am not well enough to work due to fear of being sued (I assume).
I would think they would need proof from the doctor that you can NOT work on Day 61, if that ends up being the case. The lack of a note doesn't mean you're unable to work... I don't have a note - I am able to work. Do you know what I'm trying to say?
Either way - if you work for the public sector, don't you have a union rep? Otherwise, you should contact an attorney.
74 books read in 2011
I completely agree that a lack of a note clearing me for work does not mean that I cannot work, but it's their policy. You cannot return without a note for clearance. My doctor at this point will not provide me one for the date because I have not reached a point in recovery to warrant the return.
I have contacted an attorney. I also put in a ADA request for accommodations ie: working from home, sitting on the floor with a laptop.
I will check with a union rep. Thank you for reminding me.
Right - but will Dr. say "photo5kcupcakes is UNABLE to work" ?
From your employer's perspective - you could just toss it in the trash and say "sorry, no note".
74 books read in 2011
From the sound of the OP this just happened and you have no idea if you'll be able to return to work/drive by the date required. I do think that you should talk to your union rep and possibly an employment attorney, but I also think you need to stop thinking worst case scenario here. How likely is it that you won't be able to drive in two months? Has your doctor given you any idea about the percentage of patients who are still incapable of driving by that point in their recovery?
Also, 60 work days is longer than two months.
28/100
LittleL 8/10/07
Baby E 11/27/10
Check out my makeup and reading blog:
Books and Beauty
I have been out since the end of Oct. My FMLA will be up in January.
My doctor has not given any input on time and refuses to do so. I will be contacting a union rep. I just want to get better and not risk further injury. I do not want to be out on leave.
He thought I would heal within 6 weeks and I am going on 4 months.
Thank you for your input.
I can't sit in a chair due to the location the break in my leg. I asked for accommodations - to sit on the floor or desk or any flat surface. I'm hoping they agree.