termination 2 days after STD ran out

[Guest Milkmaid13]

I worked at a nursing home as a med tech (passing medications to all of the residents). I had an episode on 11/18/01 at home. I went to the hospital and was diagnosed with 3 benign brain tumors and seizure disorder. I have been out of work since then. I had a "Status Epilepticus" which lasted for 3-4 hours on 1/5/02. I applied and got short term disability. It lasted until 2/23/02. I was terminated on 2/26/02. I have applied for long term disability but have not heard anything yet. I was also told that I would have to go on COBRA as of 3/1/02, which I have not recieved any papers on. I am asking if the nursing home has a right to terminate me or if they have to give me more time to adjust to this illness instead of terminating me?

[mroberts]

Are they terminating you because you should have been approved for LTD already? Are you considered permanently and totally disabled with the condition you have? If you aren't, chances are you're not going to be approved for LTD.

[Jbentz]

Were you on an approved FMLA? If you were, they can terminate you after your 12 weeks of approved leave ended. It sounds by the dates that you gave, this is the scenerio.

I am generalizing, but per the FMLA regulations, they only have to hold your position for you for 12 weeks and it sounds like they did.

You need to call your old supervisor or an HR rep from your company. Ask if you can be rehired if you are released to work again in the future. Ask for a time line regarding the COBRA paperwork, depending on how the company is set up, they have approximately 30 days to send it out to you. It is always continuous coverage, so when you follow the timeperiods in the notice they give you, it will retro back to 3/1/02.