Posted 4/4/2009 1:05 PM (GMT -6)
I seen your post, and wanted to share. :)
My previous employer let me go(aka fired), the day my long term disability went into affect. Part of my job(IT) was to keep on top of emails, so I got to see the email that said I would be replaced on xx date, if I was not back at work... I was not back at work on xx day, and Fedex showed up at my door that morning with a severance package.
FMLA does protect YOUR JOB, but I did not have enough time on this job to qualify for FMLA leave.
I do think about it at times. How hard would it have been for this non profit company, this charitable organziation, who did not even pay as much as a company that is in it for profit, to keep a position open for me somewhere in the IT department. I knew their servers, their systems, and what the company wanted from them. I knew the people there, I did not cause trouble, or spread gossip, I kept my nose clean, did my job, and was happy about it. Even keeping a part time job, doing anything in IT would have been sorta nice.
My mom has been off work for over two years, related to workman's comp. injury, carpal tunnel. She has had a hard time dealing with the workmans comp process, they pushed her around, a nurse from workmans comp showed up at her appointments, and tried to say she was fine. She went back to work at one time, fell down some stairs trying to grab a railing with her messed up hands, and was back off work again. The workmans comp nurse got fired, and she was not pushed to come back to work after that, and this happened about a year ago.
They also did many other manipulative things, such as stopping her workmans comp checks for weeks at a time. She would phone her attorney, her attorney would get it straightened out.
She never did get fired through the process, and I think it was because she has an attorney. Her employer never did let her go. She went back to work a couple weeks ago, and her employer gave her a much easier job, they gave her a computer with voice recognition software, no using her hands, and she has the same rate of pay. She is up in the office now, no more working in the hot cook room, doing quality control.
She is part time for now, while she goes to physical therapy. She may return to full time in the future, she may not. I am quite happy to see an employer do the right thing, finally. She works for smuckers, and she seems much happier back at work.
Personally I have come to believe it is the employer themselves. If they are looking to replace you, they will find a way. If they really value you as an employee, if they want to keep you, they will find a way to keep a job open for you.
There are also companies out there that look for people with disabilities. They tend to believe that a person with a disability is if nothing else a dependable employee, they are not going to call in work sick, when they really aren't, they are not going to show up late, without a doctor's note, and they are going to WANT to be there at work.
And as Fitzy suggested, ADA.
CD dx @ 13 (1987)
Prednisone 10mg every other day
Zantac 300 - Twice Day