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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36981
Experience:  30 years in Employment law
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I'm currently on short term disability partum

Customer Question

Hello,
I'm currently on short term disability for post partum depression and anxiety. Aetna has approved my disability ahs been approved by AETNA. I asked my employer if I could get accommodations and they emailed me stating if I do not return to work Monday they will consider it voluntary resignation. I have not been released from my Dr.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ray replied 7 months ago.
Hi and welcome to JA. Ray here to help you tonight.Have you been approved here for FMLA by employer??
Expert:  Ray replied 7 months ago.
There are two issues here your HR rules and disability which is an insurance policy here.
Customer: replied 7 months ago.
I used my FMLA after birth and returned to work and my postpartum depression appeared
Customer: replied 7 months ago.
Wouldn't this be covered under ADA
Customer: replied 7 months ago.
I Asked for accommodations and was denied.
Expert:  Ray replied 7 months ago.
The employer here if you have exhausted all leave including FMLA is within their rights to terminate you.ADA does not prevent this.I wish I had better news.Now you can return to work here and ask for accommodation under ADA, if you need time for therapy or dr. visits here or other on the job accommodation. But ADA does not give you leave beyond your paid time off and FMLA. Once that has been exhausted they can terminate you if you don't return.
Customer: replied 7 months ago.
I asked for accommodations and no options were given. Even Aetna advised me to contact and attorney because of ADA.
Expert:  Ray replied 7 months ago.
Please don't shoot the messenger but here is the case law and it states they can terminate you if you do not return after FMLa is exhausted. http://www.workforce.com/blogs/3-the-practical-employer/post/20409-when-an-employee-cant-return-to-work-after-an-fmla-leave
Expert:  Ray replied 7 months ago.
Then you can return here with a list of accommodations, thats a different picture, then you can file an ADA accommodation complaint.
Expert:  Ray replied 7 months ago.
Complaint form to do that http://www.ada.gov/filing_complaint.htm I would think real hard about returning here with your accommodations request, see if you can bring doctor letter.Make them turn you down and file complaint.They are hoping you just don't show.
Customer: replied 7 months ago.
One more question I did return to work after my FMLA leave for about 4 months .
Expert:  Ray replied 7 months ago.
I do wish you the best here.I can understand that this has been a real hardship.
Customer: replied 7 months ago.
Thank you
Expert:  Ray replied 7 months ago.
Employee Eligibility To be eligible for FMLA leave, an employee must work for a covered employer and:have worked for that employer for at least 12 months; andhave worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,work at a location where at least 50 employees are employed at the location or within 75 miles of the location.You have to work 1,250 hours to recharge the FMLA here.
Expert:  Ray replied 7 months ago.
You are so welcome.Good luck and good healing will say a little prayer for you.Congrats on the baby.
Expert:  Ray replied 7 months ago.
If you can positive rate it is much appreciated.

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