I had a TIA (described by my doctor as a mini-stroke) while on the job on 28 Aug 2014 and spent 1 night in the hospital. I was cleared by my doctor to go back to work on light duty on 9 Sep 2014, then cleared for full duty on 17 Sep 2014. The problem is that my employer has kept me on involuntary medical leave without pay ever since. I have tried to talk to my chain of command and to my human resources department, but none of them will talk to me or give me any information as to when or if I will be allowed to come back to work. I believe they are doing this in an attempt to make me quit the job so they don't have to pay any unemployment claims. I need to know if this is legal, and whether or not there is anything I can do about it? Can you help me with this?
Thanks!
AT
Let's clear up a misconception about unemployment insurance.
If you are not permitted to return to work, you will more than likely receive unemployment insurance, unless you are unable to work.
You indicated that your physician had cleared your return to work, so I don't see you previous medical issues as disabling you enough to bar you from seeking work and returning to work; which is the goal of unemployment insurance (a bridge to survive unemployment and a path to being reemployed).
You apparently never invoked FMLA
http://www.dol.gov/whd/fmla/
If you didn't, you can be told not to return to work while you are out on a sick ady, or a vacation day.
Will you receive UI?
The state of Texas will decide that, after you have applied.
http://www.twc.state.tx.us/customers/jsemp/unemployment-benefits.html
I don't see anything the employer has done in your case that violate sany labor or employment laws.
You are free to discuss this with a few lawyers in your county.
The initial consultations are free of charge, normally.
All I can suggest is for you to write a letter, send it registered or certified, return receipt requested asking your manager and human resource manager when you shoudl return to work.
Make sure you provide copies of your physician's release for you to return to work.
Once you receive an answer, you'll then know how to proceed.
It seems you've left something out, but no worries, I understand you don't want your business all over the internet.
So, keep it in your head, but that might be the reason behind this mystery.
If it is, then you probably have more to think about.
I wish you well.
