Assigned Work While Out on Short-Term Disability

[gocowboys]

My question involves labor and employment law for the state of: Texas
I work for a fortune 100 company. Recently, I had an out-of-work accident and had to take FMLA to get treatment. I was out of work for 3 months with damages to my head, neck, and back. My company has short term disability benefits and I received full pay for a few weeks and then half pay the remaining time I was out.

My problem is that while on STD, my boss still asked me to work, handle emails, phone calls, write reports, etc. I was in a lot of pain but did it because she pressured me into it. I probably only worked a total of about 3 weeks out of those 3 months that I was out. She called and told me not to tell HR that I'm working but I have emails from her asking me to perform certain tasks.

My question is, is my boss in violation by pressuring me into working while I was on STD. Do I have a case against my company? I'm afraid going to HR is not going to fix this. Should I hire representation.

[cbg]

You have two different issues here. One is legal; one may or may not exist at all and if it does, it is contractual.

To explain, we need to separate FMLA and STD. FMLA is leave time; STD is how you get paid while you are on leave. FMLA provides job protection; STD does not. While STD and FMLA can and do run concurrently, it is FMLA, NOT STD, that provides protections. STD provides no protections whatsoever.

If your boss was pressuring you to work while on FMLA leave, then yes, that is a violation. The regulatory agency that manages FMLA is the US DOL - they will be able to guide you as to the best resolution.

While STD provides no protections, it is possible (not guaranteed) that asking you to work while collecting STD benefits was a violation of the STD contract. The problem is, if you make any kind of complaint that you were working in violation of the contract, the mostly likely result is that you would be required to pay back benefits that were received. The STD carrier is not likely to care WHY you were working or whose idea it was - all they will care about is that you received benefits while you were working. So I'm not sure it would be in your best interest to follow up on that aspect. And it's not a guarantee that the contract was violated at all.

So If it were me, I'd focus on the FMLA and let the STD issue go.


FYI, the poster above me is not an expert in employment law.

[gocowboys]

Thanks for the information. I agree with you cbg. I already read about STD and agree that if I raise an issue, they will nullify my STD and force the company to pay them back. I'm not in it for the money. I just want the company to do the right thing. For me, working while in pain was too much to handle so I'm upset that I was told to do so.

So I shouldn't contact a lawyer? Just go to US DOL? In that case, wouldn't it be better just to open a case with HR instead so they don't get upset that I went behind their back and went to a federal department first?

[cbg]

I thought you said you didn't want to go to HR. Yes, I think it would be a good idea to go to HR about this first.

However, before we discuss HR vs. DOL vs. attorney, what is your goal here? What resolution are you aiming for?

[ESteele]

OP, you should consider consulting with an employment law attorney first to better insure your interests are protected.

Following a consultation with knowledgeable counsel, you will have a far better appreciation for what your rights are and how to proceed. For instance, it was likely improper for your employer to count three weeks of cumulative work time as FMLA leave. In addition, if your employer retaliates against you for exercising your right to take FMLA leave, you would likely have legal recourse for challenging such adverse employment actions.

In contrast, HR works for the company. While the employees in your company’s HR may be honorable individuals, they do not work for you. Similarly, DOL staffers will not necessarily advocate on your behalf.

After consulting with counsel, he or she will probably recommend you apprise HR that your supervisor compelled you to work three weeks when you were on FMLA leave. (If for no other reason than to preserve your remaining potential FMLA leave for this twelve month period, you likely should tell HR you actually had to work the weeks in question.) If necessary, counsel may even direct you to file a complaint with DOL.

Before taking any steps, though, you want to know the legal and practical ramifications of your actions. A consultation with private counsel can provide you with such a “lay of the land.”