Geez, if worrying about the cancer wasn't enough!

[always quiet]

We received a letter in the mail today from DH's employer. Yes, they are granting his leave under FMLA BUT they can NOT guarantee they will hold his job after Nov. 25th!! The doctor had signed him out of work til Jan!!! Now, I know this is only a rough estimate of how much time he will need off (this will all depend of what type of treatment is needed after the lump is removed). They said they weren't even starting chemo til mid Oct. They did say he could apply for whatever position was available when he returned if it were after their date. We would have no problem with his taking another position within the company but would this mean he would be forced to take a lower salary and have to earn the sick and vacation time again?? He is starting his 7th year with the company in Nov. He does have short term disability but if they will only hold his position til Nov., what happens to his health insurance?? Will they continue to pay thier portion after that??

So now, instead of not only worrying what these next months will bring, we have to worry what happens when this is finished! Plus, worrying about whether the health insurance will be there when he really needs it!!

I'll be calling the HR dept Monday morning while Dennis is in surgery. What a lovely way to spend the time.

 

[Micca]

You certainly don't need stress like this Hopefully things will go well with your DH progress and he will be able to return to work...maybe half days? Or maybe HR will work something out with him. Good luck!

 

[Pin Wizard]

I remember my dad's company when he was in treatment. Unbelievable how a company can be. Fortunately, they did work with him as much as possible. <a href='http://www.smileycentral.com/?partner=ZSzeb008' target='_blank'><img src='http://smileys.smileycentral.com/cat/17/17_1_10.gif' alt='Prayer' border=0></a>

 

[addicted_to_WDW]

Under FMLA, a company is only required to hold a position open for 12 weeks. Many employers will hold a position open for much longer than that for a valued employee, but many can't afford to leave a position open indefinitely.

If your husband can't return after 12 weeks and is terminated, the company MUST offer COBRA benefits. It's expensive (the employee has to pay both the employee and employer portion of the premium as well as an administrative fee), but it is better than not having insurance at all.

Good luck to you! Hopefully your DH's company will be willing to work things out.

 

[EsmeraldaX]

I do hope they are able to work something out. You don't need this stress right now.

 

[CEDmom]

I'm so sorry you have this stess on top of what you're already going through. I don't know who your DH's employer is but I do know this kind of notification is standard for anyone out on extended leave. It's unlikely your DH's position will be filled unless what he does is something no one else is trained on but his employer needs to cover themselves just in case. Again, I don't know his specific situation but his salary should not be affected even if he did have to go to a lower level position and vacation etc would also not be affected.

Saying big prayers for all of you.

 

[Dan Murphy]

What a bummer indeed, Colleen. If the company has a history of being a 'good citizen' company, employee motivated, they may see things in a better light, even though they do have to state the rules. Hoping things go well. My best continues for you all.

 

[CEDmom]

Originally posted by addicted_to_WDW
Under FMLA, a company is only required to hold a position open for 12 weeks. Many employers will hold a position open for much longer than that for a valued employee, but many can't afford to leave a position open indefinitely.

If your husband can't return after 12 weeks and is terminated, the company MUST offer COBRA benefits. It's expensive (the employee has to pay both the employee and employer portion of the premium as well as an administrative fee), but it is better than not having insurance at all.

Good luck to you! Hopefully your DH's company will be willing to work things out.

I'm pretty certain a company cannot terminate you if you're not on a medical disability no matter now longer. The 12 week you're referring to I believe is the family leave and you're correct that a company is not required to hold your position for longer than that.

 

[addicted_to_WDW]

Not true. If you have a disability (covered by the ADA) and are able to work, the employer must make reasonable accomodations. If you are unable to work, even if you are on disability you can be terminated. Short and long term disability coverage have nothing to do with job protection.

Unfortunately, labor laws in the U.S. protect the employer more than the employee.

 

[CEDmom]

Originally posted by addicted_to_WDW
Not true. If you have a disability (covered by the ADA) and are able to work, the employer must make reasonable accomodations. If you are unable to work, even if you are on disability you can be terminated. Short and long term disability coverage have nothing to do with job protection.

Unfortunately, labor laws in the U.S. protect the employer more than the employee.

Wow, I must work for a good company because I know of a few people that were taken off the layoff list because they were on disability. I guess they just didn't want to read the headlines in the local paper "XYZ company fires father of 4 who's on disability battling a serious illness"

 

[AZKathy]

Originally posted by always quiet
We received a letter in the mail today from DH's employer. Yes, they are granting his leave under FMLA BUT they can NOT guarantee they will hold his job after Nov. 25th!! The doctor had signed him out of work til Jan!!! Now, I know this is only a rough estimate of how much time he will need off (this will all depend of what type of treatment is needed after the lump is removed). They said they weren't even starting chemo til mid Oct. They did say he could apply for whatever position was available when he returned if it were after their date. We would have no problem with his taking another position within the company but would this mean he would be forced to take a lower salary and have to earn the sick and vacation time again?? He is starting his 7th year with the company in Nov. He does have short term disability but if they will only hold his position til Nov., what happens to his health insurance?? Will they continue to pay thier portion after that??

So now, instead of not only worrying what these next months will bring, we have to worry what happens when this is finished! Plus, worrying about whether the health insurance will be there when he really needs it!!

Isn't that the pits! I am so sorry you have to be stressed over this right now. Companies are not too interested in the employee as much as we all think. I have been dealing with problems like that for almost a year, although I can say, I don't have the added stress of possible cancer looking me in the eye. You should have an insurance book that says what they do with the insurance coverage. I think that since it is an insurance, he should be covered as long as the short term has been written up to cover. You know, if it says it will cover 6 months, it should no matter what happens to the employment status.

I was concerned with my injury with my long term disability kicked in since my job is on the line in November (workmans comp will keep me a year only), but the coverage is for 5 years no matter what happens to my employment status since it was an insurance coverage. I know all insurances are different and ALL will try to get out of paying the insured if they can, so just look in your insurance book.

I would not let this worry you right now, you have too much to worry about right now! God bless you and your DH during this difficult time with peace and health!

Take care!<a href='http://www.smileycentral.com/?partner=ZSzeb008' target='_blank'><img src='http://smileys.smileycentral.com/cat/11/11_2_104.gif' border=0></a>

 

[jel0511]

Originally posted by CEDmom
Wow, I must work for a good company because I know of a few people that were taken off the layoff list because they were on disability. I guess they just didn't want to read the headlines in the local paper "XYZ company fires father of 4 who's on disability battling a serious illness"

That's exactly right. They'd rather go to the next person on the list then faxe the potential lawsuit. As earlier stated, FMLA only allows protection of your job for 12 weeks, regardless of disability or ability to work. If you were injured on the job, that's a different story, but since this is a personal illness, you're unforunately up the creek. You might be able to qualify for long-term disability insurance after the 12 weeks are up, but that's only if you've taken out that type of insurance, and won't protect your job. All long-term disability does is pay you for lost wages due to your illness/disability, it isn't a job guarantee. Most companies want to CYA, and that is what that letter does. Whether they'll work with you, will be up to them around the date listed on the letter. Also, as the wife, you shouldn't get involved with your DH's employer. HR reps really don't like getting read the riot act by spouses, and due to the new Privacy Laws, might not even be able to talk to you. Have your DH contact them as soon as he's feeling better.

 

[always quiet]

I have spoken to my husband's HR department when all this started. He had called them and given them permission to speak to me (he works in a noisey warehouse and it is difficult to have a phone conversation). During our conversation, the HR person, I swear, told me the short term disability would last 6 months (I had questioned them about it not starting for 3 weeks after DH would be signed out). She told me that we would continue to pay DH's portion directly to them on a bi-weekly basis. I only hope she was telling me correctly. There is nothing in writing, in the company handbook in regards to situations like this.

 

[jel0511]

Originally posted by always quiet
I have spoken to my husband's HR department when all this started. He had called them and given them permission to speak to me (he works in a noisey warehouse and it is difficult to have a phone conversation). During our conversation, the HR person, I swear, told me the short term disability would last 6 months (I had questioned them about it not starting for 3 weeks after DH would be signed out). She told me that we would continue to pay DH's portion directly to them on a bi-weekly basis. I only hope she was telling me correctly. There is nothing in writing, in the company handbook in regards to situations like this.

That probably is correct, usually when short term disability is involved, they insurance company pay the employeer, who then in turn, continues to pay the employee. If you're on short term disability, you're covered for your salary, but your job does only have to beld for the 12 weeks required under FMLA. I know this does stink and I hope your husband's employer will be flexible. I know DH's wouldn't, but usually the larger the corporation, and the more money behind them, the less flexible they seem to be.

 

[grinningghost]

Things like this make my blood boil. When I was working, my employer was really great when I'd have MS attacks that required extended time off. I was lucky, now I realize that.

They also would hire a temp to fill in if someone was off for a serious/extended illness or injury - thus, keeping the job open for the employee when they recovered. Perhaps your DH's company could consider doing that?

In any event, prayers and pixie dust continue for your DH and you too Colleen.

 

[luvwinnie]

This is very scary...I often worry what would happen if DH or I were ill for an extended period, esp. since i have a chronic illness. Praying this all works out for you!

 

[Viking]

I'm keeping my fingers crossed for your DH

I always read stories like that with a slight horror, as things like that are unheard of over here (Germany). It is not exactly easy to fire someone over here - Especially when he/she is sick special protection rules apply - apprt from the feeling of mutual loyalty between employer/empoyee.
Additionally we don't have such things as sick time. When you're sick, your employer has to pay your salary for six weeks. After those six weeks your health insurance takes over, but is paying 80% only.
My company has a special agreement, paying the difference to your regular salary for up to 10 additional weeks. BTW, I work for an American company.
The only downside we hav, when we're sick, is a deduction from our success sharing.
Average sick time per year/per person is about 6 days.

 

[Mimi Q]

At one of the nursing homes where I work as a consultant, I know they always have to tell employees that but I have never known anyone to not get their old job back. Best of luck.

 

[phillybeth]

Did you know that you DON'T have to take your 12 weeks FLMA all at the same time? You can take it in days or even hours. So if your DH is not going to start chemo until October, there might be a few weeks after the surgery where he can go back to work. He can keep working while undergoing treatments, just taking time off under FLMA for dr's appointments or if he is having a bad day. That way you can stretch your FLMA time. I found this out when my mom was undergoing something similar.

 

[always quiet]

His first surgery is scheduled for Monday, the next 2 weeks later, the 13th. Aprrox. one month will pass before they will start chemo and/or radiation. The only problem with going back to work between the last surgery and the beginning of treatment is that his short term disability pay doesn't even start til he is out for 21 days! If he went back during that month, they would begin again at day 1 once he took off again.