FMLA runs out next week what can I do - Disabilities Message Board

byramgirl · 07-10-2007, 11:19 AM

My 12 weeks of FMLA runs out next week and I still have no answer for my back pain which is made worse by my job. My Neuro will only tell my company that my return date is to be determined because of other test being done. I talked to my HR rep and she said that most likely I will be fired if I dont return next week because we do not have short term disability but we do have long term disability that starts after you have been out of work for 5 consecutive months. But how would I qualify for long term dis if they fire me before I reach the 5 month requirement. I have already been out for almost 3 months. Please help!!!!

littlelady2852 · 07-10-2007, 01:16 PM

Hello, Get in contact with a lawyer ASAP. I know what you are going through. I have been on LTD from my previous employer for 2 years now and my disbility runs out this month and i have a LTD lawyer working on my case to get my checks longer or to get a lump sum. I have a cyst on my spine that needs to be removed and i don't have health insurance.Good Luck !! Littlelady2852

hessie28 · 07-10-2007, 10:02 PM

I was also told that I could be fired when my FMLA ran out. Luckily it did not happen. I think as long as the neurosurgeon kept sending in letters extending my return date I was okay. Not sure. I was there 22 years and a good worker. When my temp disability ran out I had to make a decision so I took a disability retirement. Something like 55 percent of my last three years salary. Now they are throwing me a retirement party at 42 years old. I'm not sure if a lawyer can help you. Worth looking into.

littlelady2852 · 07-10-2007, 10:09 PM

Hello, i do have a LTD lawyer and i talked to him today and he said that my insurance company that i get my checks from is getting him all my doctor statements and etc.Then they will do a avadavid ( not spelled right ) and go before the judge and he will get my money. I know lawyers don't usually take cases unless they are gonna win. He said it will take 2 to 3 months for it to happen.
Littlelady2852
PS.. After my short term disability ran out my job fired me cause i could not go back to work and do my job like i used to and they didn't have any light duty for me to do. Maybe thats not right, i just don't know.

byramgirl · 07-10-2007, 10:21 PM

Thank you for the replies. I should have also mentioned that I have been there long enough to aquire enough sick days and vacation time to cover me until long term kicks in after 5 months at a rate of 65 % of my gross pay. I understand that after 12 weeks of fmla i will probably lose my current position but there are other positions that I could work once I am able to go back to work so to fire me when I have a real disability is just plain cruel. I hope that it never has to come down to me having to get a lawyer but if I have to I will.