So I started working full time at a bank in July. I have been having issues with a flare since April and recently it’s been really bad. I was hospitalized about two weeks ago and was transferred to a research hospital in Chicago about a week and a half ago. They decided to perform an ileostomy on me on Friday. This whole time I have just told work i’ve been in the hospital. I was not planning on surgery, was thinking I would get some form of treatment. And now I am about to be discharged and cannot work for six weeks. I called work yesterday to notify them of this as my branch manager was on vacation last week and when she called for an update I was in surgery all day. She told me she has talked to my coworkers and was anticipating this. She said she was posting my position and said when I was ready to come back to work I could contact her or HR and they could find a different position for me. I didn’t like the way this sounded because she didn’t ask for documentation of me being in the hospital. She didn’t ask for a timeline of when I could return to work/work again. I just kind of went along with it and then she called me back about ten minutes later and asked if I could return my keys. I said I would when I was discharged but I was very sick still and couldn’t even drive for the next few weeks. I then asked again about contacting HR with a doctor’s note/documentation to make me feel more comfortable. She said that I could do that but she emphasized that because I was with the company for less than a year I was not entitled to medical leave under FMLA and that my job was not protected. I looked this up and it is true that I am not entitled to FMLA. I guess I am upset because she said they would find me a position in the company when i’m ready to return, but I feel that is not a formal guarantee and she said she couldn’t guarantee the job she found would be at the same branch. Is there anything I can do to fight this? Would the Americans with Disabilities Act cover anything? I’m so lost on what to do.
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Terminated from job following surgery?
- Thread starter baileyapple
- Start date
Possibly. I had the same experience. I was gone for 5 months from my job. After 2 months they had to fill my position. Hr rep told me to call her and they would put me in a different position. I unfortunately was placed on disability. The disabilities act should be able to get you some answers and solutions to your situation. Good luck.
Where Can I talk to someone/get help with this?
Your local workforce center. The case workers there can send you to the right agency.
Some times they send you to the aging and disabilities agency. Each state is different. Most the time there is no need for an attorney. Just be sure you have as much documentation from your drs and employer as possible. It will make the process much faster.
Bufford
Well-known member
- Location
- Northwestern Ontario
After I had colostomy surgery HR basically forced me into taking the early retirement package. Either I had to take the package, or be demoted from my career working as a Stationary Engineer at the steam plant to that of working midnights as security. The decision to quit was demeaning but realistic given my health situation.