What is the name of your state (only U.S. law)? CA
My wife has worked for a large corporation in California for over 2 years.
She is an exempt employee and has recently been experiencing increasing neck pain, and arm/hand tingling and numbness as a result of extremely long work hours (computer work—16 hours/day, 7 days/week).
Although she initially worked despite the pain, after her neck went into spasm my wife could not work and was forced to take medical leave. Her doctor wrote the initial leave for 2 weeks pending the results of treatment (spinal cortisone procedure followed by physical therapy).
She has applied for short-term disability benefits through SDI.
1. The SDI paperwork asked whether the condition was job-related. While the condition is a result of her job, it is not like she tripped and fell at work. How should that question be answered?
2. I gather from having read other threads that she cannot be fired while out on up to 12 weeks of medical leave due to FMLA protection. Is that correct?
3. Is her job automatically protected by FMLA during the medical leave or is there additional paperwork that she needs to fill out in order receive FMLA protection?
4. And her benefits should continue during this medical leave as though she were at work?
My concern is that even if the medical treatment is fairly, or even entirely successful, returning to the same work environment/demands that caused the situation to arise in the first place will cause the problem to recur. My wife is considering the fact that it may not be wise to continue with this corporation.
5. Is there an "ideal" way to time resignation if that is what she decides is best for her long-term health?
My wife is concerned that, having been out and unable to perform during a critical period, even if she is not fired while on leave, she will be fired shortly after she returns (there is precedent). She does not want to have a "termination" on her resume, and would rather resign.
6. If my wife resigns while still on FMLA and receiving short-term disability benefits, will she continue to receive SDI benefits following the date of her resignation?
7. If the SDI benefits do continue (which would certainly help as she won't have an income for a bit), and her medical issues have not resolved within the two weeks, would her doctor be able to request additional time on short-term disability even though she is no longer with her employer? Or are short-term disability benefits limited to the initial term that you applied for while an employee?
My wife has worked for a large corporation in California for over 2 years.
She is an exempt employee and has recently been experiencing increasing neck pain, and arm/hand tingling and numbness as a result of extremely long work hours (computer work—16 hours/day, 7 days/week).
Although she initially worked despite the pain, after her neck went into spasm my wife could not work and was forced to take medical leave. Her doctor wrote the initial leave for 2 weeks pending the results of treatment (spinal cortisone procedure followed by physical therapy).
She has applied for short-term disability benefits through SDI.
1. The SDI paperwork asked whether the condition was job-related. While the condition is a result of her job, it is not like she tripped and fell at work. How should that question be answered?
2. I gather from having read other threads that she cannot be fired while out on up to 12 weeks of medical leave due to FMLA protection. Is that correct?
3. Is her job automatically protected by FMLA during the medical leave or is there additional paperwork that she needs to fill out in order receive FMLA protection?
4. And her benefits should continue during this medical leave as though she were at work?
My concern is that even if the medical treatment is fairly, or even entirely successful, returning to the same work environment/demands that caused the situation to arise in the first place will cause the problem to recur. My wife is considering the fact that it may not be wise to continue with this corporation.
5. Is there an "ideal" way to time resignation if that is what she decides is best for her long-term health?
My wife is concerned that, having been out and unable to perform during a critical period, even if she is not fired while on leave, she will be fired shortly after she returns (there is precedent). She does not want to have a "termination" on her resume, and would rather resign.
6. If my wife resigns while still on FMLA and receiving short-term disability benefits, will she continue to receive SDI benefits following the date of her resignation?
7. If the SDI benefits do continue (which would certainly help as she won't have an income for a bit), and her medical issues have not resolved within the two weeks, would her doctor be able to request additional time on short-term disability even though she is no longer with her employer? Or are short-term disability benefits limited to the initial term that you applied for while an employee?
