Unsure How to handle

[midwestms]

What is the name of your state? IA work in NE
In error I sent a copy of my MRI to my employer for proof why I am out on Short term disability. They want all my medical records and i refuse to do this. I am 1 month short of qualifying for fmla, the drs have me off for medical reasons and procedures and I will be off next month too it appears so a total of 2 mo. In this time I meet the fmla requirements. I am afraid when I return to work I will be term. I need this position for income and medical insurance. I have long term disability and the Dr feels now that unless some big recovery I will not be able to return to work at this job due to my new Dx.

What laws and recourse do I have ADA and over 40 laws I think would apply and then in a couple weeks the fmla law. the company wants a paper signed in 4 weeks to give them access to all my records and they already have more than they are legally entitled to.

sometimes honesty just does not pay. Seems like my honesty is against me.
any information would be appreciated.

 

[Gadfly]

unless some big recovery I will not be able to return to work at this job due to my new Dx

So what do you expect your employer to do for you? Pay you for not being able to work?

 

[midwestms]

that is rude

No of course not, When I have benefits available std and long term disability I should be able to utilize them without any threats or recourse. If my health takes a upturn to not have it held against me. Others in car wrecks etc are gone for 3-4 months and no issue but me they are beefin at for no reason.

 

[Beth3]

What laws and recourse do I have ADA You haven't provide any information that would allow us to even hazard a guess whether you have a disability as defined under the ADA.

and over 40 laws I think would apply and then in a couple weeks the fmla law. Nothing in your post remotely suggests your age has anything to do with the situation.

Since you're not eligible for FMLA, your employer can terminate your employment any time they wish. If you refuse to provide them with the medical information they feel is necessary to establish your need for medical leave, I expect they're going to end your employment shortly. As it relates to your current situation, there isn't any limit on what medical records your employer is "legally" entitled to.

 

[midwestms]

ada laws

MS newly dx.

 

[midwestms]

ada laws

MS newly dx.

I have short term disability and long term disability insurance that I want to use. Since Dr has taken me out of work for treatments and medical care, I am approved for short term disability and they said that is 26 weeks and if still off then it automatically turns into ltd. I am dealing with the disability insurance and they have all their information required and more. I merely am wanting to use benefits that I am entitled to that is all.

 

[midwestms]

fmla starts on 15dec

I will be out on std and then I meet the criteria for fmal right?

 

[cbg]

I have no idea whether you will qualify for FMLA on December 15.

To be eligible for FMLA, ALL of the following have to be true:

1.) You have worked for the employer for no less than 12 months
2.) In the past 12 months, you have worked no less than 1,250 hours
3.) Your employer has no less than 50 employees within 75 miles of your location
4.) You or a qualified dependent have a serious health condition as defined by the statute.

If even one of the criteria is not met, FMLA does not apply.

You didn't ask this, but I want to make sure you understand it since many people have a very mistaken idea about how this works.

Collecting STD benefits does NOT protect your job; nor does collecting LTD benefits. You can legally be fired for excessive absence any time before FMLA begins or any time after it ends, regardless of whether you are collecting STD or LTD benefits or not.

This does not mean that the benefits will stop. In 25 years of administering employer-sponsored benefits, I have never seen and only once heard of a plan where your disability income benefits stopped if your employment is terminated. However, the ONLY job protection you have is FMLA.

 

[midwestms]

Thank you I appreciate the information

That is exactly what I was wondering. I am okay with the std and ltd as long as I already have a claim filed then and approved. That is the biggest thing. then if they can me then the health insurance i can keep with cobra for a few until I get on with something else.

Again, I thank you for your time and information.
Bless you

 

[parallax]

So what do you expect your employer to do for you? Pay you for not being able to work?

See this is what I'm talking about, someone asks a legitimate question and all you get are rude remarks by someone who thinks they are all knowing. It's a shame that you people have to act this way, but you have to remember that when posting here you are asking the opionion of regular people that are not lawyers they just wish they were. There are a few people on here that will talk to you and treat you with respect and you were lucky to find one.

 

[moburkes]

They didn't ask a "legitimate" question. They didn't clarify their question until more questions were asked. Its like pulling teeth, sometimes. All you can go by is what they DO say, which led the poster to ask that question. I would have asked the same thing. It wasn't until the OP was asked that question, and then responded, that what they were TRYING to ask, but DIDN'T previously ask, was made clear.

They clearly said this:

I need this position for income and medical insurance.

So, to OP and troll, I'm not sure how the respondant was being rude, when he simply replied to what was said.

 

[ecmst12]

FMLA only protects your job for 12 weeks anyway. IF they don't terminate you before then, and you have worked enough hours before you went out. It sounds like you are going to be out for more then 12 weeks after December 15th so FMLA wouldn't be all that much help you you.

 

[midwestms]

good point

I hear what you are saying.

So far they are allowing the absence under ADA. They recinded their demand for all my medical records and will accept a medical form filled out.

Thank you to all for your input. I was in hopes that with the disease it maygo into remission and I can get back to work, but what I want and reality may be 2 different realites.

God bless and to all have a blessed holiday season.

 

[midwestms]

update

I was on personal leave until dec 15th now am on fml until mar 9th.
I have LTD just may not have a job to go back to. SS said I cannot do that job due to my ms and other illness, Multiple Sclerosis is a hard disease. No cure and different for everyone. Please Help find a cure for MS! My ltd company is the best. They are there for me. I will know more after my dr appt with the ms specialist in my area.