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05-10-2006, 03:42 PM | #1 |
Yorkie Yakker Join Date: Feb 2006 Location: Indiana
Posts: 73
| Need some Help Please! Ok. I am not sure if everyone has read what happened to my daughter. She was in Riley Children's hospital and was diganosed with Rheumatic Heart Disorder. To make a long story short, I am having problems with my employer. I am in a salary position in HR. I was told(by our corporate plant) THAT our plant in Indiana does not have FMLA. Does anyone know the law on this? I know the law states an employer has to have 50+ employees. We do at all of our plants but not the one I am employed at. DO they still have to have it at my plant? The corporation is a lot bigger than 50 employees. We are an Inc. company. Also, on another note: I was informed today that I can take a 30 day unpaid personal leave to take care of her but if I do not return to my job on the day after, I will be terminated. I have stayed in constant contact with them since I have been off. I have talked to them on the phone EVERY single day I have been off, helping instruct other workers on how to perform tasks. I told them I would work half days or work from home but the doctor says I need to take some time off to take care of her. I would work with them and do whatever it takes not to loose my job(I volunteered before I knew I could lose my job). I said something to them about unemployement and they said that if I was not able to work, I wouldn't qualify. I would be able to work, just not the day shift. WOuld I be able to collect unemployment? They also want me to sign an agreement that states that I agree with the unpaid leave. Should I sign it? I don't think so because that would be like me quitting, and then I could possibly not qualify for unemployment. I need to be off with her. Their only suggestions was for me to hire a nurse to stay with her. Nurses make a lot more money that I do. I can't afford it. They said that insurance probably would not help. The only option is for me to stay with her for the summer. The doctor prefers that becuase of her medication schedule and the fear that she would be summitted to viruses that could result in heart surgery/transplant. I was wondering about these things. I am in HR but am not sure about these particulars as it relates to my case. The unemployment criteria is as stated: "INDIANA Unemployment Compensation State law provides that an employee who is discharged for "just cause" is disqualified from receiving unemployment compensation benefits. "Just cause" includes reporting to work under the influence of alcohol or drugs, consuming alcohol or drugs on the employer's premises during work hours, or knowingly violating a reasonable and uniformly enforced work rule. Ind. Code Ann. § 22-4-15-1(d)(1991; Supp. 1997). Not Available " I am lost! Someone please help me! By the way I live in Indiana.
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05-10-2006, 04:13 PM | #2 |
Luv my Angel, too! Donating Member Join Date: Apr 2006 Location: USA
Posts: 9,333
| My husband is an HR director in Michigan. The federal law states that in order to qualify for FMLA, applies to employers having more than 50 employees working with a 75 mile radius. All FMLA means is that you are off work, unpaid, but guaranteed a like position when returning within 90 days, and benefits are continued (although they can make you pay them back) for a 90 day period. However, if during the time you are off your position is down-sized you are no longer protected. A company can bypass FMLA if granting it causes undue hardship for the company. So, if you have more than 50 employees within a 75 mile radius you are covered under the FMLA and should not sign what they are requesting. However, if there are not more than 50 employees within the 75 mile radius and you refuse to sign the agreement, you are effectively not showing for work which would equate to the "not available" portion of the just cause clause. It is too bad that your company is handling this health emergency in this manner. But, they have the ability to behave however they wish if your company doesn't meet the more than 50 employees within a 75 mile radius. I hope everything works out for you and that your daughter recovers quickly and fully.
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05-10-2006, 04:21 PM | #3 |
YT 3000 Club Member Join Date: Feb 2006 Location: Pennsauken , NJ
Posts: 4,068
| i would check with a lawyer. i would do a free consult. family leave has lots of loop holes. maybe one can apply to your situation. i'll pray for your child. good luck. |
05-10-2006, 05:30 PM | #4 |
Donating YT 30K Club Member | I would do like Romeo's mom said and ask a attorney's opinion.
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