What are our options.

[ratdog1218]

What is the name of your state (only U.S. law)? Massachusetts...
My wife was recently diagnosed with Sarcoidosis and Breast Cancer. She has been at here job for 10 months approximately. The company this past week was sold to a new set of owners and they have agreed to let my wife work while she is going through the treatments for the cancer. My question is #1. Does she have to take the job they offered? The parameters of the job have changed slightly. She will be able to come and go for appointments and will be training some one new to due her job while she is out for 6 weeks to recuperate They do not have short term disability so she would go unpaid. #2 If she does not accept the job can she collect unemployment against the former owners?

Any help or advice is appreciated

 

[cbg]

If you are asking whether she can refuse to take the new position and she has legal protection to remain in the old one, the answer is no. Even under FMLA (which does not apply here, at least not yet) and the ADA (which may) they may legally transfer her to a position that will minimize the impact of her absences on the employer and the other employees.

I wouldn't count on unemployment if she refuses the job.

 

[Zigner]

I'm not even sure that a slight change in job duties would be considered a "transfer". I'm also not sure what the OP means by "accept the job they offered". She's facing a choice between continuing her employment with the same employer...or not. If she chooses not to continue, then she is voluntarily quitting. Furthermore, if she is unable to work because of medical reasons, then she is not eligible for unemployment.

 

[ratdog1218]

So here s another one? If she takes the new position tomorrow can she file for unemployment against the old company for the last 2 weeks that she has been out of work undergoing medical testing. They have given her all of her sick/vacation time she had.

 

[cbg]

No, she can't. For one thing, unemployment is on a go-forward basis; you can't file retroactively. Second, to be eligible for unemployment she has to have been out of work for no fault of her own, able to accept work as offered and actively looking for work.

And why is it so vital that any unemployment be charged to the former owners?

 

[ratdog1218]

its not important at all.. These are all just questions I have. I have never dealt with this kind of situation and am not one to use the system. I just want to be sure about our options. Thats all.. I mean if there is a way for her to recoup any lost pay thats all I was curious about.

 

[ratdog1218]

So I have another question. If she takes the new job and works for the next 4 or 5 weeks before her surgery(maybe a little longer) And then is out of work for 6-8 weeks for recovery. What are her options? She will not be getting paid by the company obviously. Can she collect at this point or would she need a note from her doctor in order to?? I am only looking for advice. I have never dealt with this type of issue and do not know what if any help we can get. I am obviously very concerned for my wife but I have a house to take care of and I am worried.. I am not out to screw the system I just need advice. Thank you!!

 

[eerelations]

To collect UI she must be actively seeking and available for work. If she's not working because she's to sick to do so, then she's not eligible for UI.

Employers and UI are not legally required to provide wage replacements/supplements to people who are too sick to work. Sorry.

 

[cbg]

There are no circumstances where she is going to be able to be out of work for medical reasons and still collect unemployment. If her employer does not offer STD benefits, that time is going to be unpaid.

 

[ratdog1218]

So if she is unable to work and cannot collect UI - are there any options at all??? Like SSi disability.. Once again I am not familiar with how these systems work. What happens if she goes out and after the recovery period her employer lets her go? Would she be eligible then? I really appreciate you answering these questions... TY

 

[cbg]

SSDI is not for short term situations. It generally takes months to be approved for SSDI and then only if you're going to be out of work for at least a year. It's a bit more complex than that but that's it in a nutshell. In 45 out of 50 states, including MA, there is no guarantee of income during a period of medical leave.

If her employer terminates her employment, then assuming that she qualifies in other respects (enough wages in the appropriate quarters, works for an eligible employer) then assuming she is able to return to work but there is no work to return to, then she would be able to collect UI. But she must be available to work, actively looking for work and able to accept work if offered, for UI to apply.

 

[ratdog1218]

Excellent.. Thank you!!! Maybe I should just rob a bank or print million dollar bills...Just kidding!!! Thank you for all your help

 

[commentator]

My heartfelt sympathy to your wife and family. As a cancer survivor and someone who spent many years working in the unemployment system, I can very much understand where you are right now. So many people do not realize how it is in this country. They assume that if you are working hard and making good choices you will always come out okay. In actuality, if you are out of work because you are too sick to work, there's not much out there to help you.

The employer does not in any way have to help you or provide any sustenance, is fully entitled to let you go once you have used your FMLA if it applies.And neither does the government have anything except SSDI for the long term. And usually, as it has been said, it takes a long time to become qualified for that, and its usually only for those who are going to be permanently disabled.

There is no short term assistance for disability in most of the states, it's a shame, but very few do the short term disability. So in those there's no help for you, state or federal, unless your whole family's income drops to the point that you fall below the federal poverty level income guidelines, at which point you might qualify for food stamps and Medicaid if you have lost your medical coverage during this situation.

I was once assaulted on the job by a person to whom I had tried very tactfully to explain that they would not be able to draw unemployment benefits while recovering from a serious car accident which made them unable to work for several months.

As it has been said, the only time that unemployment would be a possibility would be when your wife is fully able and available and released by her doctor to return to work, and if at that time her past employer did not have a job available for her.

On the good side, it does sound as though your wife's employer, new as they may be to her, is willing to work with her while she is going through her treatments. This is a pretty big thing, because as we say, they really don't have to. If I were she, I'd work with this employer as much as possible, up to and including helping them get someone set up to do her work while she is gone. Allowing her to take off and work as much as she is able is also pretty good, as there will be time when she will be feeling like doing some things, hopefully, and it will sort of keep her moving forward toward getting better.

Also, there is the fact that once a person has had a major illness and is getting older, it is sometimes very hard to find that next good job. Especially if she has had to leave the job due to health reasons, it may be tricky to replace this job, even if she has very marketable skills. It isn't supposed to make a difference, but here in the real world, age and health conditions do affect our employment potential. I'd hang on to this employer and this position as long as she can, appreciate any steps they make to cooperate with her and work with her. Hopefully she will make a quick recovery and will be able to return to work soon. Best wishes to you.

 

[cbg]

It's always sort of surprised me that Massachusetts doesn't have mandatory STD benefits. I imagine we will at some point; it's the sort of thing this state tends to get into, and our neighbor RI has had them for some time. MA and RI usually try to remain fairly even in what benefits are mandatory. But as of right now, it's not mandatory, which I think is a shame for situations like this.

 

[Silverplum]

This start page is the best I could find on short-term disability insurance in MA: http://www.growingfamilybenefits.com/massachusetts-short-term-disability/

There's a specific form for illness, as opposed to pregnancy or planning a pregnancy. There's also a link to short-term loans.

Many of us are women, and those who aren't love women* : I'm sure we all send our empathy and good thoughts to your wife and to you.


*except for Bali, who does not, at present, love women very much.