Was talking to neighbor this evening...

[Angry Dragon]

His wife is on medical leave and they just got a letter from the attorney
of the company she works for asking for release of medical records.

Long story short it sounds as if they are looking for ways to terminate her, she has
worked there 21 years. He said that there is a law that says one can not be terminated
for medical reasons. Anyone out there know what the rules are for being off the job for
medical reasons and not having to worry about losing your job??

[JJ]

1. Google the family & medical leave act

One of Clinton's greatest hits. IMO

http://www.dol.gov/whd/fmla/index.htm

section 104 covers what I think you are looking for.

[dkf]

2. Doesn't it only work for companies of a certain size?

I think it was posted on the kitchen wall at work and I was surprised at the caveats.

[JJ]

4. Something in the neighborhood of 50 employees IIRC

[Angry Dragon]

3. You are talking about FMLA??

If that is what you are talking about then that is only good for 12 weeks in a one year cycle.
She will surpass that 12 week limit.

[JJ]

6. sounds like you already have the answers you seek, grasshopper

feels like I'm in a bad pharmaceutical commercial.

[Angry Dragon]

7. Just so I understand

Federal law only protects the worker for up to 12 weeks??
And thereafter a company can terminate a worker without prejudice??

[JJ]

8. I'm no lawyer, follow the link.

though it seems corporations do pretty much as they want to regardless of any law. If they really want to fire her they can concoct a reason for it.

[JJ]

5. There may be state laws protecting her as well,

though probably not in any red states.

[tammywammy]

9. With my quick google, it doesn't appear that Minnesota has any other protections

than FMLA. The only thing that could be in her favor is that companies aren't allowed to have an automatic termination policy if a worker exhausts their leave. But it appears that if after she uses her 12 weeks of FMLA and is still unable to return to work at least part-time they could terminate her employment, under the undue hardship reasoning.

Here's a link I found http://www.lexology.com/library/detail.aspx?g=ab2900a0-eb14-43f8-9602-219ab2ab07dd

[Angry Dragon]

10. Thank you

That was what I was afraid of .........
She could be out for many more months
Had to have operation on her spinal cord
and having a slow process of getting nerves
to reconnect.

[tammywammy]

11. I would contact a labor lawyer for the official laws.

Does her company provide any long term disability? She should also look in her employee handbook, there could be more info there.

[Angry Dragon]

12. She has both short and long term disability

Has paid into it for years