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Help! Ive been on disabality for 11 months,my job might not be there..

nicholson
Posts: 13
Joined: Nov 2012

Hello every one,Ive had a tumor removed from my neck stage 4 patroid cancer,and 33 radation treatments 4 months ago.....I live in Southern Calif,I drive for a nonemergency medical service,Ive been there 4 years.....Ive been off 11 months on state disability....Im released to return to wk Feb 21...........my job says "there has been changes since u left we replaced u'....What the heck!   can they do that to me?

Tim6003's picture
Tim6003
Posts: 1497
Joined: Nov 2011

I'm not much help here, but I can offer my 2 cents.  Unless you took a leave under the Family Medical Leave Act (which I don't think counts for yourself) they probably can. You can always check with the state workers employment and see what they say. 

However, bottom line is most companies can not just hold a position for an undetermined amount of time, and if you were out that long I would imagine you staying in constant (as in monthly) contact with the HR or direct report would be a good idea just to keep the lines of communication open and them updated on your ETA for return to work.

I do hope it works out for you.  The owner I work for held my job for me (4 months) out of just being a great guy, not because he had to.  In fact when I told him of my dx and my treatment schedule I offered to resign if he felt that was in his best interest for the asset I managed.  He told me my job woudl be there when I got back, and he honored that.  I consider myself fortunate to work for him.

Keep us posted. 

 

Tim

NJShore's picture
NJShore
Posts: 411
Joined: Nov 2012

 

Here is a website where lawyers respond to issues on Disability Leave Laws, I see there are others who have asked similar type questions.

You also might want to check with the disability office, I bet they hear this question often.

http://www.laborlawtalk.com/forumdisplay.php?f=15

good luck!

Laralyn's picture
Laralyn
Posts: 453
Joined: Apr 2012

You can get information and a referral from the Cancer Legal Resource Center. Folks undergoing cancer treatment are covered by the Americans With Disabilities Act.

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