Heart Attack, FMLA and losing job

[bsubocz]

My mother had a heart attack 3 months ago... very severe. Her doctor put her on bed rest and off work until it was fixed and she was better. She went on disability and her company was supportive. While awaiting a procedure to fix the 2nd artery 1.5 months after they fixed the first, she had pneumonia and gallbladder disease. She was in the hospital for 2 full weeks. They are waiting on the gallbladder and they fixed the 2nd. It is not 11 weeks after the heart attack and being out of work. 2 weeks later, this week, she had a stress test and the doc said she is just about ready to return to work.... she is much better. Today, she received a letter stating that when she is ready to return, call and if there is a job she can have it. Pretty much saying, she will not have a position when she returns. Can they do this to someone who is on temporary disability for a heart attack? She used FMLA, but that is only 12 weeks I guess. Is this right? What are her options???

 

[Patricia_Young]

That's correct, her job is legally only protected under the FMLA for 12 weeks. Disability is how she gets paid when she is ON leave; it does not confer any job protection, only the FMLA does that.

 

[cbg]

The law guarantees her 12 weeks, period. If she has exceeded 12 weeks, the company is under no legal obligation to hold her job for her any longer, regardless of whether or not she is still collecting disability benefits and regardless of the medical necessity for additional leave.

Since it appears that she did not exceed the 12 weeks by very long, if she is ready to return to work she should contact the employer and let them know that. It may be that they have not yet filled her position. However, if they refuse, they are legal as long as she exceeded 12 weeks by even one day.

 

[bsubocz]

Thanks! But it just seems so wrong! And a guy at her office has been out on disability way longer and they are holding his job!

 

[Patricia_Young]

That is at the employer's discretion, once FMLA is exhausted.

 

[cbg]

When will she be able to return to work, and at that point how long will she have been out? There's a reason I'm asking.

Does the other guy have the same position as she?