What are my rights?

[TPeters]

What is the name of your state (only U.S. law)? Aekanasas

 

[TPeters]

I have been put on unpaid administration leave because of a couple complaints from supervisors. I have been recently diagnosed with rheumatoid arthritis & the dr is trying to find a medication that works to help the pain. I was told that I will be able to come back to work once I have a Dr's report saying I am able to resume my duties (I am a pharmacy technician). What if any rights do I have to fight this?

 

[Zigner]

I have been put on unpaid administration leave because of a couple complaints from supervisors. I have been recently diagnosed with rheumatoid arthritis & the dr is trying to find a medication that works to help the pain. I was told that I will be able to come back to work once I have a Dr's report saying I am able to resume my duties (I am a pharmacy technician). What if any rights do I have to fight this?

There are two issues here.

First are the "complaints from supervisors." What are the nature of those complaints?

Second is the request for a release from your doctor. This is a perfectly reasonable request. Why can't you just get this and get back to work?

 

[eerelations]

It's perfectly legal for your employer to insist on a doctor's release to return to work. As a result, you have no fight here.

 

[commentator]

If you are put on any type of unpaid leave, file for unemployment benefits IMMEDIATELY. This is pretty much your only recourse. If they want to, they can call you back to work. If you able and available to work, and not off due to your health conditions, you will be eligible for unemployment benefits until they decide to do so. If you are off work because of your health restrictions, then we go into the area of FMLA, whether you qualify for that or not.

But in the meantime, file for unemployment in addition to anything else that's going on. I have trouble, from this very convoluted post, figuring out if you are actually able to work, released by your doctor to work or not. If not, you will not be able to draw unemployment benefits either, but then we have the issue of a 'couple of complaints against me' whatever that means.

Are you out of work due to health issues, are you on involuntary unpaid suspension due to work issues, what exactly is your status?
Do file for benefits, and that will help to clarify the situation.

 

[cbg]

Agree with all of the above; not remotely enough information for any meaningful feedback.

 

[TPeters]

The complaints were that I supposedly was falling asleep on the job when in fact what was happening was when we weren't busy I was sitting down putting my head in my hands trying to keep from crying from being in so much pain. I stand on my feet for 8 hours a day & once in a blue moon have a 5 to 10 minute period to sit down to get off my feet.

 

[cbg]

Okay, that raises another issue or two.

First, how many employees within 75 miles of your location?

Second, how long have you worked for this employer?

Third, How long does your doctor estimate it will take to find an effective pain medication that will allow you to work?

 

[TPeters]

From what I've read being put on administrative leave I cannot apply for unemployment. Because I am considered to be still employed by this company. As far as just getting a Dr's release & going back to work, yes that would be simple, however, I was dismissed or put on leave on false accusations.

 

[cbg]

You do not have to be dismissed to file for unemployment. You can collect UI while on unpaid leave.

Answer my questions please. You wanted to know what rights you have; I need the answers to those questions before I can tell you.

 

[TPeters]

Within 75 miles there are probably 25 employees (pharmacy techs) that work for the same company. The Dr hasn't given me a time frame of when we should find something that works for the pain I'm in. Being what I was diagnosed with there is no cure, only trying out different medicines to try and keep it from getting worse. In the meantime trying to find a medicine that will help with the pain. & I would like to add, for anyone here who knows how the pharmaceutical world works, what I was on was not a schedule 2 narcotic. It was considered to be a mild pain pill.

 

[TPeters]

And I have been employed with them for 3 years

 

[Zigner]

Why can't you get your doctor to give you a release for work?

 

[commentator]

From what I've read being put on administrative leave I cannot apply for unemployment. Because I am considered to be still employed by this company. As far as just getting a Dr's release & going back to work, yes that would be simple, however, I was dismissed or put on leave on false accusations.

You need to assume nothing. Your reading has given you incorrect information. If you are away from work for a week, on suspension, unpaid leave, or whatever, you are eligible to file for a week of unemployment benefits. It doesn't make a rats patootie whether or not you're still employed. If you are out of work (while working for this company) for more than a week without pay through no fault of your own, then you file for unemployment benefits. There is no downside to filing a claim for benefits, it does not cost you anything and there is no penalty for doing so, even if you go right back to work next week and don't ever need them.

Otherwise, they could just tell people they were on suspension forever and would NEVER have anyone draw unemployment benefits after working for them, now wouldn't they? Unemployment insurance is a federal program to provide employees with some income replacement when the employer elects, for whatever reason to put them off work without pay. It is not given out by the employers. Taxes are taken from their payroll, not your checks, to cover the payments if you qualify. A person could draw unemployment even if they were off for a two week unpaid holiday, or if the employer has a shortage of work and must put them on hold for any period of time. You do not have to be formally separated from the employer to draw benefits.

They are not only for "poor people" they are not needs based, there are no income questions, and they do not come out of the taxpayers money. Therefore there is no downside to signing up for them. In the inquiry that will be made by the unemployment office regarding your status at work, there may be some things worked out. They may decide to put you back to work. They may say you are officially terminated. Either way, they've not got you hanging out there in permanent limbo as you are now.

If you have not been dismissed for a valid, work related misconduct reason, where you had progressive discipline and an opportunity to correct your behavior and keep the job, that's not misconduct unless you did something so dreadful you should have known it was wrong even once, like setting the building on fire.

I'd file for unemployment before during and in the meantime you are dealing with all these other issues about your medical conditions. If you can't get a proper medical release to return to work, your claim may be postponed until that time comes, but you need to get it started. Then answer cbg's other questions and let her see if she can provide any useful information related to other things.

 

[TPeters]

I can get a Dr's release, that's not the problem. My issue is, my boss has known from day 1 what was going on with me. I made sure to let her know every step I took when it came to my medical condition. I also had all of my prescriptions filled at the pharmacy I worked at so there was no question on what I was taking. With my boss knowing this why was this not sent to corporate on day 1 & why all of a sudden am I being put on unpaid administrative leave when I was forthcoming with my treatment?