Could it get any worse?

[sassiebaz]

I took a short term disability from June 1 until Aug.3rd. I just got a call from HR saying I am NOT to return to work monday as I am NOT protected under FMLA and they are not currently hiring...WTF!!!! So now what? I dont think my payments will change much since our payments are $72/mo. But, looks like I don't have a job....

[optimistic1]

Good grief, what grounds did they determine it didnt qualify for FMLA?

[MiSSMaGoo]

Your work won't approve a discretionary leave? I had a baby in Jan and I didnt qualify for fmla or short term but my work approved the discretionary leave. I still had to apply for it but HR just signed off but they made me do that before I returned because they had to legally...

[sassiebaz]

They have already approved my short term leave, and they paid me for it...for almost two months. Now, 2 days before I am to return, they say don't come back, we may not have a position for you....Im not even sure I can get unemployment!

[Nicollette]

At my employer, FMLA and short-term disability are classified as two different things. FMLA won't pay me, but short-term disability does. You stated your disability paid you for almost two months, so somewhere down the line, your leave was approved. Is your human resources dept aware that disability was paying you? Has your employer been laying off employees while you were on leave?

[Flamingo]

Sounds like while you were out on approved leave that your company started downsizing. You will need to get the details from your HR Dept. and since it appears to be a downsizing situation from what you are posting, you should be able to get unemployment. You first need info and explanations and what to do from your HR Dept. which should be sending you paperwork to sign and return.

[optimistic1]

damn, your payment sounds perfect though for a ch.13, i didnt even think you could have it that low.

[Ifonly]

When I was out on disability (pregnancy) and covered by FMLA, I was asked not to return to work as the company had eliminated my position.

Firstly, does your company employ enough people that they would have to participate in FMLA? (should be 50 employees, law may have changed). If they don't then they don't have to participate and that's the end of that.

If they do have to participate, you are protected under FMLA as long as the position you were previously occupying still exists in the company - it doesn't matter if the position is open or not. For instance, let's say you're one of three customer service agents - you go out on FMLA and they decide to make do with two agents. When it's time to come back they say "no, two is enough". Guess what? They're not allowed to do that - it would be more legal for them to lay off someone who wasn't protected and give that job to you. If the position of customer service agent no longer exists, period, then they can ask you to not return. I even believe that if there is a similar position that you are qualified for, they must put you in that position with no change in pay or benefits.

Regardless of any of the above, yes, you should be eligible for unemployment as this is a "lack of work" reason for loss of employment.

Hope that helps.

[sassiebaz]

I am NOT FMLA eligible, I already know that. I haven't heard from the company yet. Yes, they are a very large company...credit card company acutally. I heard rumors of another lay-off which would make sense for them not to bring me back. The truth of the matter is, I really didn't want to go back. I did not like working there, I believe all credit card companies are crooked! But, a job is a job, and the benefits were awesome. Plus, I did the job well. It's 4pm here and I haven't heard back from anyone in HR. They said they'd call me by Tues. Honestly, I am secretly hoping that they will in fact, let me go and let me collect unemployment until I A) find another job or B) start my schooling. Either way, they are within the law, but it just came as a surprise. I also don't anticipate my CH13 payments changing...I mean how much lower can it go? I am grateful for what I DO have....

[optimistic1]

Youre right the unemployment is there for you to take advantage of. It sounds like you work at D_______r Card, my sis used to work for them, good company, but they lay off people all the time from what she told me.

[texasgal]

Good Luck to you! Sometimes what seems to be a setback turns out to be a blessing. Just one word of advice. I dont know where you reside, but you should certainly get unemployment. Just check with them before you commit to school. In Texas, you can not attend school and get unemployment at the same time.

[sassiebaz]

Youre right the unemployment is there for you to take advantage of. It sounds like you work at D_______r Card, my sis used to work for them, good company, but they lay off people all the time from what she told me.

I'm afraid they will contest and make up something in order to NOT pay me UI. They did that to a friend of mine. I should know by end of business tomorrow, but the fact that I wasn't allowed to showup for work today, pretty much says I'm not going back. I really only got the job just to get us through as my husband took a huge pay cut with the job he's been on now for 10 months. The pay was poor, but I did make some decent bonuses. I won't be sad if I never saw the inside of that place again...

[sassiebaz]

Good Luck to you! Sometimes what seems to be a setback turns out to be a blessing. Just one word of advice. I dont know where you reside, but you should certainly get unemployment. Just check with them before you commit to school. In Texas, you can not attend school and get unemployment at the same time.

If I do happen to get unemployment, I will only do so until I get into school. The program I got accepted into starts in March. I don't know the law here but I'd imagine it's the same as in Texas.