Looking for advice - Wifes job threatened while she is out due to illness

[liberal N proud]

My wife has been laid up for several weeks now. She was to have surgery next Monday but they moved it back a week due to holiday as it was not an emergency.

So she goes into inform her manager that her leave of absence will most likely be pushed back a week.

This asshole told her that he wasn't sure he would be able to hold her position for her. She is laid up due to an injury that was accumulative from activities she has done at work for the last 25 years.

Someone correct me if I am wrong, but doesn't the Family and Medical Leave Act protect jobs during a temporary disability?

[Catch22Dem]

1. We had a guy fall ill and lose ONE YEAR

He's still employed. I hope someone has an answer for you. I don't. My company is very good about these things.

[skooooo]

2. is she fulltime there?

[liberal N proud]

5. Assistant Manager

[colt equalizer]

3. She has to formally request leave. There are some obligations, but not total. NT

[liberal N proud]

7. Paper work all submitted through proper doctors

[YOY]

4. Yes and the angry husband with a tire iron would make the boss think twice about this kind of shit

not that I espouse violence of any kind...

[Sanity Claws]

6. FMLA provides for 12 weeks of leave

She has to have worked there for at least the past year and worked over 1050 hours in that year.
I think the employer has to have at least 50 employees to be covered. (I'm doing this from memory)
If she is protected by the FMLA, the employer can fill her job but when she comes back she has to be given an equivalent job. (I don't remember the exact language but generally that's it.)
Also, if she wants FMLA protection, make sure she gets all the forms filled out and signed.

[liberal N proud]

8. It's Wal-Mart

[haele]

11. Ouch. Sorry.

Make sure the FMLA paperwork is filled out, and my advice is to go to a worker's comp lawyer and see if there's something that might be able to be done to cover her that way...if the job isn't there when she gets back, there might be some job services she's eligable for once she recovers.
I was injured in a shipyard, had to play that game. It's tough when the employer won't or isn't able to wait for and employee to heal properly.

Haele

[China_cat]

13. She's fucked. :(

[haele]

9. Can her doctors prove that her injuries are accumulative from work?

Worker's Compensation will cover that - and will cover any issues with pay while she's recovering until the situation is settled. And yes, FMLA should protect her job, unless the job totally goes away while she's out of work. And that means in at least California, they can't "reclassify" her job to hire someone else, either.

Are there worker's comp lawyers around that will do an initial consultation? I wouldn't go through any ERP, either, I'd ask the doctors who they work with.

A lot will depend on what state you live in.

Haele

[gateley]

10. At my last job a woman was there for less than a month

before she broke her back in a motorcycle accident. They kept her job for her for until she returned. I'm sure it was due to laws and regulations, not out of the goodness of their heart -- so look into it.

[Breeze54]

12. She'll need a Dr's note stating she needs to recuperate.... Know Your Rights: Workers Comp @ Walmart

Know Your Rights: Workers Comp

http://www.wakeupwalmart.com/wwa/wcomp.html

Have you been injured on the job? If you have been injured, you may qualify for Worker’s Compensation Insurance.

You have the right to file for worker's compensation, otherwise knows as “worker’s comp,” due to an injury received while at work or as a result of your work. Worker’s compensation is an insurance plan that the law requires your employer must provide to cover you if you are injured at work or made ill by the work you do.

Workers’ Compensation will pay for your medical expenses incurred due to your condition and provide for you a portion of your wages while you are recuperating.

If you feel that you have been unfairly denied a worker's compensation claim, click here to find the nearest office in your state.

http://www.wakeupwalmart.com/wwa/states.html

Need help?

Call toll free: [phone]

Email: [e-mail]

[old mark]

14. You have done all the paperwork, get a letter from your Dr,

you are well advised to contact a lawyer specializing in this stuff.
I have years of bad experience dealing with HR people and Family Leave Act stuff-my wife has been seriously ill for the last 5 years, and required periodic care at home. Got nothing but shit from my employer over all this time had to fight for every step, every day, every time.

I worked for the State of Pennsylvania at that time, one of the worst employers I have ever had to endure in my life.

Get in touch with a lawyer before you really need one.

Good luck.

mark