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    rninca's Avatar
    rninca Posts: 2, Reputation: 1
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    #1

    Jun 21, 2008, 01:17 AM
    Terminated while on Disability
    I have an off-the-job knee injury that occurred 10/07. I have been on State disability and I have a short-term disability policy that has been paying me also.
    I had my 1st surgery in Dec and a 2nd in Feb, Meniscus surgery then ACL surgery respectively.
    I had a follow up appt. with the surgeon on Thursday, he said, all I ask is are you getting better, I replied yes. I am a RN. I related to him, I still feel unsteady going downstairs, and daily my ability to go upstairs is improving. He said, let me know when you feel OK to go back to work, see you in August.
    I sent in the info to my hospital employer. My Nurse Manager said, return to work by June 30 or your position will be terminated. They had said that I can be terminated, and re-apply when I am well. I shared the only reason I am not back, is because I don't feel comfortable wheeling patients down a ramp, and I know I can't return without 'restrictions'.
    I was told my benefits would be good until the end of end J U N E!
    Can this really happen?
    rsain2004's Avatar
    rsain2004 Posts: 207, Reputation: 6
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    #2

    Jun 21, 2008, 02:43 AM
    It depends on which State you are in... In Florida, a Co. is not legally required to keep your position available while one is disabled. No-one is allowed to terminate you for filing a claim, but they don't have to wait while you get better... insurance Co.s can afford higher paid lobbiy's than you or I...
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 21, 2008, 07:40 AM
    Yes, if this was a work related injury they could not, but since this is not a work related injury there are some restrictions, did you apply for leave though FMLA. If you worked there long enough to qualify and requested it according to their procedures.

    But in general yes, they do not have to hold your position for you.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jun 21, 2008, 08:17 AM
    Quote Originally Posted by rninca
    I have an off-the-job knee injury that occurred 10/07. I have been on State disability and I have a short-term disability policy that has been paying me also.
    I had my 1st surgery in Dec and a 2nd in Feb, Meniscus surgery then ACL surgery respectively.
    I had a follow up appt. with the surgeon on thursday, he said, all I ask is are you getting better, I replied yes. I am a RN. I related to him, I still feel unsteady going downstairs, and daily my ability to go upstairs is improving. He said, let me know when you feel ok to go back to work, see you in August.
    I sent in the info to my hospital employer. My Nurse Manager said, return to work by June 30 or your position will be terminated. They had said that I can be terminated, and re-apply when I am well. I shared the only reason I am not back, is because I don't feel comfortable wheeling patients down a ramp, and I know I can't return without 'restrictions'.
    I was told my benefits would be good until the end of end J U N E!
    Can this really happen?


    Is there a policy/procedures manual? I am aware of a very large company which has a policy that after 10 months you either come back to work or you're terminated - and the policy has held despite several Court challenges.
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