I was of work on std 7 mo. After surgery. I have been back a yr now but not accruing vacation time.
Had been with the company several years before going on short term disabilty my boss told me corporate has me listed as a new hire and I am now eligible for insurance again. What are my rights ?
1 answer | asked Dec 17, 2016 09:54 AM [EST] | applies to California
Answers (1)
What matters is your employment status with the employer.
If by "STD" you are referring to a leave of absence for a temporary disability, as defined and allowed by the employer's policies, then there should not have been a break in service; your employment should be continuous and there may have been an error in classifying you as a new hire.
If by "STD" you mean you were receiving "short term disability" payments from an insurance provider, then that will not affect your employment status; these payments only pertain to income replacement while disabled from work. Your employer may have terminated you at the time you temporarily left work.
However, if your employer terminated you because of your disability, it may have violated the Americans with Disabilities Act (ADA) or the Fair Employment and Housing Act even though it later re-hired you. Please look at my guide to the ADA: http://www.thespencerlawfirm.com/tslf-ada.php and also my guide to the differences between the ADA and California’s more generous FEHA: http://www.thespencerlawfirm.com/tslf-feha-vs-ada.php.
I suggest you speak with one or more plaintiff-side (employee-side) employment law attorneys who have experience with disability discrimination and reasonable accommodation with whom you can discuss the details of your situation. Be sure to investigate or ask right away if the attorney represents employees with disabilities because not all attorneys are experienced in this area.
To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.
For a detailed consultation that includes a meaningful review of your documents and facts, you may need to pay hourly. Plaintiffs employment attorneys in California charge anywhere from $250 to $750 an hour depending on many factors including experience, area of law, geographic location, work load, interest in the case, difficulty of the case and more. You should expect to need at least three hours for this kind of consultation, although it is always possible your situation will be much easier and faster to figure out.
I hope there is a good resolution to this situation.
posted by Marilynn Mika Spencer | Dec 18, 2016 3:46 PM [EST]
If by "STD" you are referring to a leave of absence for a temporary disability, as defined and allowed by the employer's policies, then there should not have been a break in service; your employment should be continuous and there may have been an error in classifying you as a new hire.
If by "STD" you mean you were receiving "short term disability" payments from an insurance provider, then that will not affect your employment status; these payments only pertain to income replacement while disabled from work. Your employer may have terminated you at the time you temporarily left work.
However, if your employer terminated you because of your disability, it may have violated the Americans with Disabilities Act (ADA) or the Fair Employment and Housing Act even though it later re-hired you. Please look at my guide to the ADA: http://www.thespencerlawfirm.com/tslf-ada.php and also my guide to the differences between the ADA and California’s more generous FEHA: http://www.thespencerlawfirm.com/tslf-feha-vs-ada.php.
I suggest you speak with one or more plaintiff-side (employee-side) employment law attorneys who have experience with disability discrimination and reasonable accommodation with whom you can discuss the details of your situation. Be sure to investigate or ask right away if the attorney represents employees with disabilities because not all attorneys are experienced in this area.
To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.
For a detailed consultation that includes a meaningful review of your documents and facts, you may need to pay hourly. Plaintiffs employment attorneys in California charge anywhere from $250 to $750 an hour depending on many factors including experience, area of law, geographic location, work load, interest in the case, difficulty of the case and more. You should expect to need at least three hours for this kind of consultation, although it is always possible your situation will be much easier and faster to figure out.
I hope there is a good resolution to this situation.
posted by Marilynn Mika Spencer | Dec 18, 2016 3:46 PM [EST]
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