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  1. #1
    Join Date
    Jul 2008
    Location
    NY
    Posts
    37

    Default Job Security While Out on Short Term Disability

    My question involves labor and employment law for the state of: New York

    I suffered a stroke 8 weeks ago and have been out of work on short term disability. I will be returning to work in 2 weeks with no limitations. I was told by my company (a very large, national company) that there's no problem, except that my job may be filled by then since they have a policy of posting the position. Is this legal? It's "get better soon", but you may not have your job!"

  2. #2
    Join Date
    Jan 2006
    Posts
    27,034

    Default Re: Out on Short Term Disability - Job Security

    do you know what FMLA is? If so, do you know if it is applicable? If it isn't applicable, they do not have to hold your job for you. If they do, they must hold it for up to 12 weeks or at least put you in a position that is equal to the position you left.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,954

    Default Re: Out on Short Term Disability - Job Security

    FMLA applies when ALL of the following are true:

    1.) The employer has a minimum of 50 employees within 75 miles of your location
    2.) You have worked for this employer for a minimum of 12 months
    3.) In the 12 months immediately preceding your leave, you worked for this employer a minimum of 1,250 hours
    4.) You or a qualified beneficiary/dependent has a "serious health condition" as defined by the FMLA statute.

    If even one of the above criteria is not true, then FMLA does not apply.

    STD benefits do NOT provide any job protection. ONLY FMLA provides job protection.

  4. #4
    Join Date
    Jul 2008
    Location
    NY
    Posts
    37

    Default Re: Out on Short Term Disability - Job Security

    Thank you both very much. Originally, I thought my boss told me that the Short Term Disability was coupled with the FMLA. However, I have reread his emails to both HR and to me, and both just mention that I "am eligible for Short Term Disability for 8 weeks" on a Leave of Absence (LOA). From this, I gather I am not on FMLA mainly because I have only been at my present job since May of 2011. (just shy of a year). Therefore, I gather, according to both of your answers, there is no obligation to keep my job for me. Am I correct?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,954

    Default Re: Out on Short Term Disability - Job Security

    You are correct. While FMLA and STD can and often do run concurrently, the eligiblity requirements for FMLA are set by Federal law, and if you have not worked there for at least a year, you do not quliafy. You may qualify for STD; that's up to the employer's policy. But as said above, STD does not provide job protection - only FMLA does. Your employer may hold your job, but he is not required to do so.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Out on Short Term Disability - Job Security

    You had to have worked for your employer at least 12 months. You didn't happen to work for your employer previously did you - the 12 mos. do not have to be consecutive. If you did work for this employer previously, how long ago? Thanks.

    Otherwise, FMLA does not apply in your case - no job protection.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  7. #7
    Join Date
    Jul 2008
    Location
    NY
    Posts
    37

    Default Re: Out on Short Term Disability - Job Security

    No, Betty - employment was for less than 12 months. But thank you for your response.

  8. #8
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Out on Short Term Disability - Job Security

    You're welcome - it was just a thought. Sorry FMLA doesn't apply.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

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