help with employer

mlj
mlj Member Posts: 2
edited March 2014 in Ovarian Cancer #1
My school district is terminating me because I have been off work for 12 weeks (FMLA). My Dr. recommends I not go to work because of the germs at work. Any suggestions of resources or other ways to stay afloat while undergoing 5 more chemos and trying to get strength back?? I am a single Mom with 2 kids....and this will term my insurance as well.

Comments

  • leesag
    leesag Member Posts: 621 Member
    #2
    Fellow Teacher
    I have two suggestions, because I have also considered the possibility that my sick leave may run out and I'll need to delve into FMLA. First, contact your local teacher's union and see if they have any options for you.

    Second, and this may be the biggest help, have the doctor release you for limited duty away from the classroom for the remainder of your chemo. As I was reading through my school district's Risk Management policies (I'm now a risk that has to be managed I guess), I noted that they have provisions for employees on limited duty.

    I also wonder, if the doctor releases for limited duty and the school still terminates you if you might at least have the opportunity to collect unemployment insurance.

    My thoughts and prayers are with you!

    Leesa
  • Lisa13Q
    Lisa13Q Member Posts: 677
    #3
    Disability
    Many companies and unions have disability programs that pay you if you need to be off on disability due to illness. Different states have different programs depending on employment laws. Definitely check with your union. If your doctor states that you need to be off work, they cannot fire you, it's against the law, if you have been disabled by a doctor. Contact your union and possibly an employment lawyer about this.
  • Hissy_Fitz
    Hissy_Fitz Member Posts: 1,834
    #4
    Lisa13Q said:

    Disability
    Many companies and unions have disability programs that pay you if you need to be off on disability due to illness. Different states have different programs depending on employment laws. Definitely check with your union. If your doctor states that you need to be off work, they cannot fire you, it's against the law, if you have been disabled by a doctor. Contact your union and possibly an employment lawyer about this.

    Actually, they can fire you
    Some states, mine included, are "at will" states, meaning an employer can fire you without cause (at will).

    There is limited protection under federal law, such as FMLA. I had extensive back surgery in 2002 and used up my sick time and vacation, then had 12 more weeks under FMLA. Twelve weeks and one day later, they terminated me because I did not/could not return to work after my FMLA was up. My doctor would not release me until a couple of months later.

    As for unemployment, you have to be able to work to be eligible. You can't be on restricted duty.

    Your best bet might be SS Disability. It's pretty easy to get if you are stage 3 or 4.

    Wishing you the best of luck,
    Carlene
  • nancy591
    nancy591 Member Posts: 1,027 Member
    #5
    sorry to hear
    This is a sad reality!!! Sounds like Leesag gave a good option. Try going back on limited or light duty. Although SSI would be an option for you that still will not help with the insurance issue..for now. If things are really bad and you feel like you truly are unable to return to work. Apply for SSI now...that will take a few weeks to get approved. Then maybe carry your cobra. Once you are disabled for one year you will automatically get medicare as insurance. It is so unfortuante to be having to deal with this on top of everything else. Good luck to you and let us know how you made out.
  • Tina Brown
    Tina Brown Member Posts: 1,036 Member
    #6
    nancy591 said:

    sorry to hear
    This is a sad reality!!! Sounds like Leesag gave a good option. Try going back on limited or light duty. Although SSI would be an option for you that still will not help with the insurance issue..for now. If things are really bad and you feel like you truly are unable to return to work. Apply for SSI now...that will take a few weeks to get approved. Then maybe carry your cobra. Once you are disabled for one year you will automatically get medicare as insurance. It is so unfortuante to be having to deal with this on top of everything else. Good luck to you and let us know how you made out.

    Another fellow teacher
    I am a teacher in the UK and I face a very similar problem. My doctor won't sign me fit for work because of the risk of infection to myself. I would like to be able to work from home but I don't think my employers would sanction it. We have benefits in the UK I can claim and because I have cancer I am now classed as "Disabled" for the rest of my life.

    It is a worry as my outgoings are still the same as they were before I was ill but I don't have the same income to pay for them all. I will have to go down the route of claiming benefits in a few weeks as my sickness pay will stop.

    I hope you are able to claim some benefits - let us know how you get on.

    Tina xx
  • azgrandma
    azgrandma Member Posts: 609 Member
    #7
    Tina Brown said:

    Another fellow teacher
    I am a teacher in the UK and I face a very similar problem. My doctor won't sign me fit for work because of the risk of infection to myself. I would like to be able to work from home but I don't think my employers would sanction it. We have benefits in the UK I can claim and because I have cancer I am now classed as "Disabled" for the rest of my life.

    It is a worry as my outgoings are still the same as they were before I was ill but I don't have the same income to pay for them all. I will have to go down the route of claiming benefits in a few weeks as my sickness pay will stop.

    I hope you are able to claim some benefits - let us know how you get on.

    Tina xx

    aericans with disabilities
    It is against the law to fire you, go to the equal opportunity commission, they have to help you. I should know i had 3 claims against my employer and won 2 out of 3.

    Contact them right away
  • leesag
    leesag Member Posts: 621 Member
    #8
    Medical Retirement
    I was just investigating my options through my school district and came up with another possibility, medical retirement. If your doctor won't release you to work, then you may be elgible for medical retirement. It's worth checking into!
  • Hissy_Fitz
    Hissy_Fitz Member Posts: 1,834
    #9
    azgrandma said:

    aericans with disabilities
    It is against the law to fire you, go to the equal opportunity commission, they have to help you. I should know i had 3 claims against my employer and won 2 out of 3.

    Contact them right away

    I'm not sure Cancer is
    I'm not sure Cancer is protected under the ADA. I was let go because my orthopedic surgeon would not release me to go back to work after back surgery. They waited out my 12 weeks of FLMA and gave me notice the very next day.
  • nancy591
    nancy591 Member Posts: 1,027 Member
    #10
    Hissy_Fitz said:

    I'm not sure Cancer is
    I'm not sure Cancer is protected under the ADA. I was let go because my orthopedic surgeon would not release me to go back to work after back surgery. They waited out my 12 weeks of FLMA and gave me notice the very next day.

    I agree
    I believe you are right. I wonder how she made out.

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