Update: No So Good Weekend Just Got Worse

ohmrs2014

Hey ladies!  So yup, I fractured my ankle and I'm out of work for at least 6 weeks and will probably need physical therapy before I can drive again whic means even longer out of work.  My dad took me to my job so that I could drop off the necessary paperwork for the absence and talk to them about disability.  While they have no problem filling out the paperwork, they basically told me that since I'm a lead teacher I have so many responsibilities that they might have to hire a full-time teacher in my absence.  Great, but then I don't have a job when I return to work.  The director said that I can return to A job but it might not be my job and its up to the discretion of the owner.

Then my dad started questioning the legality of it.  (yes I understand that I'm a grown woman but he escorted me inside because I need help getting around since I am on crutches and I in no way can control what another grown person does).  They also couldn't guarantee my pay-rate to be the same but the director said its all up to the owner's discretion.  

I did grab a copy of the updated employee handbook and I do plan on consulting a lawyer on this matter.  But my director's demeanor changed so much because she hates being confronted and not only did I confront and question her, so did my dad.  

Apart of me wants to email my director and apologize for the conversation getting out of hand.  My father is stressed because of his own health issues and now having to deal with a daughter who has a broken ankle probably isn't making his stress any less.

Thanks ladies.  Just needed to vent some more.

Ohhh and to top it off, my dr said no wrestlemania because the crowds will be way too big for his comfort.  I'm basically confined to my house with tons of stairs.  At least I'll gain some upper arm strength LOL.

ohmrs2014

Yea.  I know he's looking out for me and I appreciate that no matter how old I am my parents will still have my back.  I know he's concerned because it is illegal to get fired while on disability and I know that if I do back to another position it is illegal for them to decrease my salary.  Either way I'm glad my uncle is a lawyer so I'll be able to get legal advice if I need it.

I also know that if and when I go back I will be losing my senority and will be starting all over again.  So my three years will be worth nothing.  

Peledreamsofrain

I'm sorry it went down that way.  She's full of BS though, if that makes you feel better.  The very purpose of the disability laws is to protect your job while you're gone.  What she's proposing is the epitome of illegal.

ohmrs2014

That's exactly what my dad said.  And while I'm upset that he got involved, I'm glad he was there because I've been an emotional wreck about this situation to begin with.  I'm also glad I took an updated employee handbook and copies of my dr's notes just to cover my basis.

steign

Wow, that's just shocking. I would definitely consult with a lawyer on what the conversation entailed. I'm sorry that happened!

ohmrs2014

I texted her to apologize for the conversation getting awkward.  I explained that my dad did feel bad about it but that with his health situation which she knows about and now having to worry about me hes become even more stressed.  I just don't want it to be awkward for if and when I return to work which I'm sure at this point it already will be.  I'm sure she is talking so much crap about it already.  By tomorrow everyone will know what happened.

[Deleted User]

so sorry to hear about your ankle, I sent you a pm.

MuppetOverlord

First, I am so sorry again. I couldn't drive for a long time when I broke my ankle and I missed so much. I work from home so at least that didn't get messed up.

She cannot tell you what she said under FMLA....and first, you should start with your Dept of Labor (http://lwd.dol.state.nj.us/), and they should offer free guidance....and you should contact the owner about it after. I personally think it's important to put everything into writing for legal reasons and  would do that by sending her a non-emotional, friendly, non-threatening  e-mail re-capping your conversation with the director and sending, with the state, and providing info on FMLA and ask for a response. I'd follow up with a friendly phone call.

FMLA - http://www.dol.gov/whd/regs/compliance/whdfs28a.pdf
From FMLA (above):

When an employee returns from FMLA leave, he or she must be restored to the same job or to an“equivalent job”. The employee is not guaranteed the actual job held prior to the leave.

An equivalent job means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location).

ohmrs2014

We don't qualify for FMLA because we don't meet the employee requirement.  I do know that other employees who left for maternity also received temporary disability and they were hired back.  Their senority started over so they were put back on the 90 day probation period but as far as to my knowledge they were taken back at the same pay rate.  

Knottie_22382102

oh, I don't know what your options are if you don't meet the employee requirement.

Call up the NJ Labor board though still. They can give you some guidance.

I really wish you the best here. MY

ohmrs2014

Thanks for the support and advice ladies!  My director did email me back saying that she too was disappointed with the conversation and that if I have any questions she will entertain them all I have to do is call.  

My uncle is a lawyer and while I'm not ready to take this step, I do want to see if it is legal for them to take my senority and basically put me back at the very beginning like I am a new hire.  I don't want to flat out ask her.

I am actually supposed to be taking a webinar next week towards my credit hours that I need and I was going to email her the certificate they send and then politely ask her if I still need more hours before my 3 year anniversary next month and then see how she responds.  Her response will most likely tell me what they plan on doing.

Legally, I'm not sure if they can do this so I will def be looking into it.  I'm also concerned about my health insurance because I am now not paying into it and if I get put back at the beginning as a new employee.