Termination over doctor-ordered light duty in North Carolina

[Sno]

I live in North Carolina. Ok I have worked about 20 to 30 hours a week at a nursing home since April 1, 05. I just had surgery on June 23, 06. The doctor wrote me out for a week and then put me on light duty. When I got to work they where trying to make me do things I wasn't able to do yet. They told me before I came back I could work light duty....now that I am here they are saying they don't have light duty positions unless workers comp. That is ok I called my doctor and he wrote me out until Aug 7th. I got a call yesterday from my job and they told me they where going to have to terminate me and would rehire me when I was able to come back. I have my insurance there, so I really don't want to be terminated. And they also told me they would put me on light duty so who is to say if they would really rehire me. I told my boss I have a doctors appointment today and I do. She said she would hold off until we see what he says but if Im not able to come back she is going to terminate me...Is this fair. Can she do this?

[mlane58]

I live in North Carolina. Ok I have worked about 20 to 30 hours a week at a nursing home since April 1, 05. I just had surgery on June 23, 06. The doctor wrote me out for a week and then put me on light duty. When I got to work they where trying to make me do things I wasn't able to do yet. They told me before I came back I could work light duty....now that I am here they are saying they don't have light duty positions unless workers comp. That is ok I called my doctor and he wrote me out until Aug 7th. I got a call yesterday from my job and they told me they where going to have to terminate me and would rehire me when I was able to come back. I have my insurance there, so I really don't want to be terminated. And they also told me they would put me on light duty so who is to say if they would really rehire me. I told my boss I have a doctors appointment today and I do. She said she would hold off until we see what he says but if Im not able to come back she is going to terminate me...Is this fair. Can she do this?

Need a question answered:
1. How many employees do you work with within a 75 mile radius?

You could fall under FMLA. If it turns out you don't, then it might be unfair, but not illegal.

[Sno]

They told me I don't fall under the FMLA but I think I do. I am going to have to get them to show me exactly how many hours I have worked. I would say their are probably 150 employees in the whole building. about 20 cna on second shift. On an average day I work with about 7 cnas.

[mlane58]

They told me I don't fall under the FMLA but I think I do. I am going to have to get them to show me exactly how many hours I have worked. I would say their are probably 150 employees in the whole building. about 20 cna on second shift. On an average day I work with about 7 cnas.

Then your illness probably isn't considered a serious health condition under FMLA and your physician is the one who has to certify that it does. You would have to had worked 1250 hours in the previous year to also qualify.

[rmet4nzkx]

You may or not fall under FMLA, you meet the basic requirements however you may not meet the required 1250 hours of work in a year, either that working 20-30 hours a week if you mostly worked 20 hour weeks than you might not qualify but if you worked 30 most often, you might. SO you might check your check stubs to see how many hours you worked. The other issue is that while you have been employed for more than 1 year, the employer is allowed to select how they count the 1year, it can be a calendar, fixed or rolling year, so again they may have you there if they choose either a fixed or calendar year as opposed to a rolling year, even if you worked mostly 30 hours weeks. THis may be something they consider in their hireing and scheduling to get around FMLA laws and that is why they told you right away you did not qualify. But it doesn't hurt to ask, especially if any other employees have been granted FMLA. There may be other issues re not allowing you restrictions, if they accommodated other employees. Was your surgery in any way work related?

[Sno]

I said 20-30 to give a base Idea...really the most part I worked 40 hour, many checks I had overtime....I know I have over the amount for fmla. It wasn't work related. I had to have a partial hysterectomy due to a cyst taking over my ovaries and fallopian tube. It was pretty serious. I would definetly have went back if possible but it wasn't. I don't have to have this job but I just think it is wrong that I have worked for them for a year and a couple of months... most of my days off they call me in...Of course I would come running and this is how they repay me.

[rmet4nzkx]

Then apply for FMLA