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  1. #1
    Join Date
    Oct 2013
    Posts
    22

    Default Re: Employee Disciplined for Missing Work After Confusion Over Request for Medical Le

    Quote Quoting Mr. Knowitall
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    That's all well and good -- but that doesn't mean that he was disabled from work during the time prior to his entry into rehab, and he chose not to tell his employer that he was sitting at home during the week after his approved FMLA leave ended and when he entered rehab.
    What did his employer think he would be doing then?? He told his boss he may not go into rehab until the following week sometime and that he wasn't mentally fit to be at his job until then and asked to be put on admin leave until he goes into rehab. The manager told him he'd find out if that was okay and then found out and called him back and told him as much and didn't tell him he needed to fill out any paperwork. As far as he knew he was in the clear. His manager knew he wasn't going to be back into work.
    Quote Quoting Mr. Knowitall
    Was that yet another lie? Because if he went through a process to have his employer disable him from working based on his mental state, and they in fact did so, none of this would be an issue.
    Nope. I can see by our phone records that he called the hotline that afternoon before he called his boss. It was a 15 minute phone call.
    Quote Quoting Mr. Knowitall
    Right -- he is disabled during the time he was in rehab (and his employer has apparently not figured out that he left before the program ended), but he was not disabled from working after his three week leave for his (fake) back injury ended, but before he went into rehab.
    There was no set time for him to be in rehab. I attended the intake session and the doctor said he could be there anywhere from 10-21 days and that most people leave around day 14-17.
    Quote Quoting Mr. Knowitall
    You also make it sound like the insurance company found that inpatient treatment was not necessary, and that the treatment facility concurred with that determination when discharging him after 14 days.
    It says right there in the benefits pamphlet, once I read it close enough, that insurance will pay for up to 14 days of treatment.
    Quote Quoting Mr. Knowitall
    I don't actually have to look at another site to see that (a) she doesn't see a problem with her husband's lying to his employer to get protected time off of work, (b) she doesn't hold her husband accountable for his actions, and (c) her husband's decision to take five weeks off of work without pay was just fine, but somehow it's the employer's fault that she can't afford a cat sitter for her planned vacation.
    Oh it's a H-U-G-E problem that my husband lies to me and his employer about not going to work! I have wanted to go behind his back and send a text to his manager telling him all the reasons that he isn't coming in, but seeing as how I have no backbone and can't tell my husband what I really think, I don't do it. Hell no it wasn't fine for him to take 5 weeks off of work but he won't listen to me and will do what he wants and I just go along with it like the meek person I am. And yes, it is the employers fault that we would have to pay for anything because it all goes back to his manager who didn't turn in the correct paperwork or inform my husband that him (the manager) simply saying "it's all taken care of...go get better and we'll see you when you get back" when he knew he wasn't going to be into work apparently wasn't enough and now the blame is back on my husband.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Employee Disciplined for Missing Work After Confusion Over Request for Medical Le

    Quote Quoting Mapper
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    What did his employer think he would be doing then?
    Given the facts you have shared, it should be beyond obvious to you that your husband's employer expects him to show up for work during periods in which he is not disabled from working. Anybody with even slight work experience understands that employers want employees to show up for work.
    Quote Quoting Mapper
    He told his boss he may not go into rehab until the following week sometime and that he wasn't mentally fit to be at his job until then and asked to be put on admin leave until he goes into rehab.
    You told us that. What you were asked was whether his story about pre-clearing the rehab with the employer-approved screening service was a lie. Also, telling his employer, "I may go into rehab tomorrow", does not of itself excuse his missing work if (a) he does not go into rehab and (b) he is not disabled.
    Quote Quoting Mapper
    The manager told him he'd find out if that was okay and then found out and called him back and told him as much and didn't tell him he needed to fill out any paperwork.
    Yet when he was told he in fact needed to fill out paperwork, which perhaps ties into his lie about having his entry into rehab previously approved, he chose to ignore that directive from his employer.
    Quote Quoting Mapper
    Nope. I can see by our phone records that he called the hotline that afternoon before he called his boss. It was a 15 minute phone call.
    You're playing games here. Your husband is able to speak. Why are you telling us about what phone records supposedly show rather than telling us what your husband told you. Why are you pretending that there is nobody who can speak to his state of mind or disability when you are claiming that he went through this screening?
    Quote Quoting Mapper
    I attended the intake session and the doctor said he could be there anywhere from 10-21 days and that most people leave around day 14-17.
    Then you were misleading us when you described the program as lasting a "full 21 days" and about his reasons for leaving the program, and he was lying to his employer about the length of time he would miss work. There would be no reason for the employer to be suggesting that he would keep his job if he completed the "full 21 days" of the program if he were honest about its length and had in fact completed the program. Which part was he lying about (or was he lying previously about the duration and now about his having completed the program)?

    Also, under the Mental Health Parity and Addiction Equity Act, which applies to your husband's workplace based on the information you have provided here and elsewhere, if a health insurance plan covers rehab it must extend the same level of coverage that they provide for any other medical condition. If the insurance company would not extend coverage past the initial 14-day period, absent the highly unlikely event that they impose a 14-day cap on any inpatient treatment for any medical condition, it would be because they found that inpatient rehab was not medically necessary.
    Quote Quoting Mapper
    And yes, it is the employers fault that we would have to pay for anything because it all goes back to his manager who didn't turn in the correct paperwork or inform my husband.....
    Nonsense. Your husband lied about his initial disability, he lied about continuing disability to avoid returning to work, and how his lies have caught up with him. That's all this is about -- your husband being caught in just one of his many, many lies, and facing a possible consequence.

    Your husband chose not to submit required documentation when asked to do so. He continues to refuse to substantiate his need for FMLA leave over the days at issue, and you suggest that he cannot. That's the price of lying.

  3. #3
    Join Date
    Oct 2013
    Posts
    22

    Default Re: Employee Disciplined for Missing Work After Confusion Over Request for Medical Le

    Quote Quoting Mr. Knowitall
    View Post
    Given the facts you have shared, it should be beyond obvious to you that your husband's employer expects him to show up for work during periods in which he is not disabled from working. Anybody with even slight work experience understands that employers want employees to show up for work.

    You told us that. What you were asked was whether his story about pre-clearing the rehab with the employer-approved screening service was a lie. Also, telling his employer, "I may go into rehab tomorrow", does not of itself excuse his missing work if (a) he does not go into rehab and (b) he is not disabled.

    Yet when he was told he in fact needed to fill out paperwork, which perhaps ties into his lie about having his entry into rehab previously approved, he chose to ignore that directive from his employer.

    You're playing games here. Your husband is able to speak. Why are you telling us about what phone records supposedly show rather than telling us what your husband told you. Why are you pretending that there is nobody who can speak to his state of mind or disability when you are claiming that he went through this screening?

    Then you were misleading us when you described the program as lasting a "full 21 days" and about his reasons for leaving the program, and he was lying to his employer about the length of time he would miss work. There would be no reason for the employer to be suggesting that he would keep his job if he completed the "full 21 days" of the program if he were honest about its length and had in fact completed the program. Which part was he lying about (or was he lying previously about the duration and now about his having completed the program)?

    Also, under the Mental Health Parity and Addiction Equity Act, which applies to your husband's workplace based on the information you have provided here and elsewhere, if a health insurance plan covers rehab it must extend the same level of coverage that they provide for any other medical condition. If the insurance company would not extend coverage past the initial 14-day period, absent the highly unlikely event that they impose a 14-day cap on any inpatient treatment for any medical condition, it would be because they found that inpatient rehab was not medically necessary.

    Nonsense. Your husband lied about his initial disability, he lied about continuing disability to avoid returning to work, and how his lies have caught up with him. That's all this is about -- your husband being caught in just one of his many, many lies, and facing a possible consequence.

    Your husband chose not to submit required documentation when asked to do so. He continues to refuse to substantiate his need for FMLA leave over the days at issue, and you suggest that he cannot. That's the price of lying.
    Well good! Then I hope they fire his ass and we can been done with this merry-go-round of crap!!

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