Does an employer retaliate under FMLA by removing job duties during approved medical leave?

Employment

Andres Sanchez

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Based on your situation, there are several legal arguments and considerations in U.S. employment law that could potentially support your case:

Family and Medical Leave Act (FMLA): Under the FMLA, eligible employees are entitled to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage. Since you've been with your employer for over a year and have worked the required hours, you should be eligible for up to 12 weeks of leave in a 12-month period. However, once your FMLA leave is exhausted, your job protection under this act ends.

Short-Term Disability (STD): This is typically a benefit provided by employers or through insurance companies like MetLife. It provides income replacement for a specified period when you're unable to work due to a medical condition. Your approval through May 1 suggests that your condition is recognized as a qualifying disability under the terms of your plan.

Employer Obligations: Employers are required to comply with FMLA regulations and cannot retaliate against employees for taking FMLA leave. Any adverse actions, such as removing you from projects, could potentially be seen as retaliatory if they are directly linked to your FMLA leave.

Employee’s serious health condition, form WH-380-E

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I need advice navigating short-term and long-term disability questions. Are there attorneys here with this specialty?

Lexi, Chatbot

I understand that navigating disability questions can be quite challenging. Have you already applied for short-term or long-term disability benefits?

Yes.

Lexi, Chatbot

What specific issues or concerns do you have regarding your short-term and long-term disability claims?

I qualified for STD while dealing with two main medical issues (a hernia and an enlarged prostate). I have recovered from the hernia surgery, but I have also been diagnosed with prostate cancer and have begun treatments. The prostate cancer is stage 4. Treatments will be intermittent. Will I continue to qualify for disability with stage 4 prostate cancer?

Lexi, Chatbot

Is there anything else the employment lawyer should know before I connect you? Rest assured they'll be able to help with your disability qualifications.

I have currently used 8 weeks of the available 12 weeks for FMLA.

Andres Sanchez

Hey there! Welcome to AskaLawyer. I'm Andres Sanchez, an attorney with many years of experience. I understand you're dealing with a situation involving short-term and long-term disability questions, especially concerning your stage 4 prostate cancer diagnosis and ongoing treatments. Have you considered any specific actions or gathered any documentation related to this situation?

Hi Andres, I am considering actions now. Are you familiar with FMLA rules?

Andres Sanchez

I understand you've used 8 weeks of FMLA. Could you tell me how your employer has been handling your situation so far? Have they been supportive, or have there been any issues?

Frankly, it was a struggle to get on to FMLA. I gave them the 30-day advance notice, as required by their policy, and they immediately started talking about not assigning me to pending projects. I fought for consideration by pointing out the rules in the FMLA statutes, but they were not happy.

So, I am currently approved for STD through May 1. However, if I understand correctly, my FMLA protections end in mid-April.

Andres Sanchez

Thanks for sharing that. It sounds like you've had to advocate for yourself quite a bit. Could you let me know how long you've been employed with your current employer? This will help me understand your eligibility for certain protections.

Yes, so that's a bit complicated. Basically, 7+ years with a mid-size company that was acquired by a gigantic company ~2.5 years ago. As part of the acquisition, those of us with the acquired company got to keep our seniority. So from various points of view I have either ~3 or ~8 years.

Andres Sanchez

Got it, thanks for explaining that. It sounds like your seniority should be recognized, which is important for your eligibility. Have you received any written communication from your employer regarding your FMLA or STD status, or any other related matters? This could include emails, letters, or official notices.

Yes, those plans are administered by MetLife. They have been approving STD and FMLA incrementally. Currently I am approved for STD through May 1, but FMLA runs out mid-April. That is reflected in a hardcopy letter.

Andres Sanchez

Based on your situation, there are several legal arguments and considerations in U.S. employment law that could potentially support your case:

Question: given that my hernia recovery is almost complete, I am unclear whether stage 4 prostate cancer and related treatments will qualify me for continued STD (or perhaps LTD). So, I am trying to determine if I should try to return to work in mid-April. It may be hard and uncomfortable, but if I wait, I am concerned about losing my job and insurance coverage when I really need it badly.

What is your view of that?

Andres Sanchez

Given your situation, here's how you might approach it:

Understand Your STD and LTD Coverage: Review your STD policy to see if it covers ongoing conditions like stage 4 prostate cancer. Since you're approved through May 1, check if there's a possibility for extension based on your medical needs. Look into Long-Term Disability (LTD) options. If your condition is expected to prevent you from working for an extended period, LTD might be a viable option. Contact MetLife to understand the criteria and application process.
Consult with Your Doctor: Discuss your ability to work with your healthcare provider. They can provide a medical opinion on whether returning to work is advisable given your treatment and health status. Obtain any necessary medical documentation that supports your need for continued disability leave.
Communicate with Your Employer: Keep open communication with your HR department. Inform them of your medical situation and any recommendations from your doctor.Discuss potential accommodations that might allow you to work part-time or with modified duties if returning full-time is not feasible.
Consider Legal Protections: If your FMLA leave is exhausted, explore other legal protections. The Americans with Disabilities Act (ADA) might offer additional job protection and require your employer to provide reasonable accommodations. If you face any pushback or discrimination, consider consulting with an employment attorney to understand your rights and options.
Plan for Insurance Coverage: Ensure you understand how your insurance coverage will be affected if you transition from STD to LTD or if you return to work. Explore COBRA or other insurance options if there's a risk of losing coverage.

Given the history, I fully expect pushback upon returning.

Andres Sanchez

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don't hesitate to reach out whenever you need assistance!

One last question regarding how to find an attorney. Those who specialize in "employment law" often focus on wrongful termination. Is there a particular specific specialty area for STD, LTD, and FMLA?

Andres Sanchez

When looking for an attorney who specializes in STD, LTD, and FMLA issues, you might want to search for those who focus on "Disability Law" or "Employment Benefits Law." These attorneys often have experience dealing with insurance companies and understanding the nuances of disability benefits and employment protections.

You can also look for attorneys who specifically mention experience with FMLA cases or disability claims in their profiles.

If you need further assistance, feel free to ask.

Thank you. Greatly appreciated.

Andres Sanchez

You're welcome!

Andres Sanchez

24,098 satisfied customers

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