I have only been off work for 3 days. My boss posted my position today assuming that I would not be coming back soon and would need to be on a LOA. I currently don't have any LOA time to use so I understand that if I do need to remain off of work that she has the right to post my position but she has not yet received any paperwork from me stating that I will not be returning. Whether or not I will be able to return is still questionable, I will find out on Monday but can she post my position so quickly without any documentation?
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FMLA question
- Thread Starter ajoh
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cbg
Super Moderator
I assume you are asking if you have protection under FMLA.
Before I can answer your question I need you to answer a few:
1.) How long have you worked for this employer?
2.) How many employees does the employer have within 75 miles of your location?
3.) In the 12 months immediately preceding the time off, had you worked a minimum of 1,250 hours?
4.) What was the nature of your illness?
Before I can answer your question I need you to answer a few:
1.) How long have you worked for this employer?
2.) How many employees does the employer have within 75 miles of your location?
3.) In the 12 months immediately preceding the time off, had you worked a minimum of 1,250 hours?
4.) What was the nature of your illness?
I have worked with this company for 10 years.
This company employs thousands.
I am not sure about the number of hours worked, how would I be able to find out?
This is a chronic illness. Major depression, Obsessive Compulsive Disorder. I have medication issues that may involve physical addiction and I am waiting to see my MD this coming Tuesday but I am unable to work due to withdrawal symptoms and therefore exacerbation of depression and OCD. My OCD also involves fear of germs and we are in the middle of a nasty flu outbreak at my job site.
This company employs thousands.
I am not sure about the number of hours worked, how would I be able to find out?
This is a chronic illness. Major depression, Obsessive Compulsive Disorder. I have medication issues that may involve physical addiction and I am waiting to see my MD this coming Tuesday but I am unable to work due to withdrawal symptoms and therefore exacerbation of depression and OCD. My OCD also involves fear of germs and we are in the middle of a nasty flu outbreak at my job site.
cbg
Super Moderator
Let's assume for the sake of argument that FMLA applies. (Have you considered looking at your pay stubs for hours worked?)
Nothing in the law prohibits the employer from filling your position while you are out. The law does not say that they have to leave your position unfilled or your work undone for the period of FMLA.
The issue arises when you are ready to return to work. Assuming that you do not exceed the period protected by law (that means you return to work on or before week 13, day 1) they are required to put you back into either your own position or one that is equivalent in all respects. But how they get your work done while you are out is not mandated by law.
Nothing in the law prohibits the employer from filling your position while you are out. The law does not say that they have to leave your position unfilled or your work undone for the period of FMLA.
The issue arises when you are ready to return to work. Assuming that you do not exceed the period protected by law (that means you return to work on or before week 13, day 1) they are required to put you back into either your own position or one that is equivalent in all respects. But how they get your work done while you are out is not mandated by law.
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