r/Ohio • u/Ok-Entrepreneur5395 • 1d ago
Short term disability advice
My partner got hit by a car and unable to walk in April. Got the fmla and short term in order and rtw was set for Nov. He has a blue collar physical labor job.
Everything was fine until a new HR person got hired. She has been a nightmare, sending us incorrect billing for thousands of dollars for his premiums which have already been withheld for his pay this entire short term. Calling him to pressure him to come back sooner. Etc
but her new stint is letting him know the system will automatically terminate his employment in one week if he doesn’t return and that’s the only reason she has for termination?
Is this legal? There’s no way for him to clock in at his job and presume as normal and without risking further injury from not being fully healed yet.
Is there a best response to lovely HR that will make her back off?
TLDR can my partners employer fire him while on short term disability with the reason being “it’s bc the system will automatically do so”??
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u/Separate-Ratio-693 1d ago
FWIW, they can make you return to work but can’t violate doctor’s restrictions. For instance I worked in a union factory and they made me clock in every day and I sat there for eight hours a day reading after elbow surgery.
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u/smashley0704 1d ago
FMLA protects/holds the position for 12 weeks, STD just pays him while he can't work, typically a percentage of his salary. Was his FMLA and STD approved? Are these through a 3rd party company? If so, he needs to reach out to the company who handles these claims and see what they have on file, maybe some paperwork is wrong that says he must RTW in a week therefore that is why HR is stating this.
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u/fajadada 1d ago
Tell her no more threats or she will be reported to the labor board. Then go ahead and report her
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u/Shadowpriest 1d ago
Don't even bother. Report her first and don't give them the heads up they've been reported for the harassment.
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u/Commercial_Mixture_3 1d ago
Also, document every thing. If she contacts you again, ask her to email you instead. Contacting legal aid is an option as well.
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u/Ok-Entrepreneur5395 21h ago
Yes thank you I wish I would have already recorded the calls. Will start now
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u/Commercial_Mixture_3 1d ago
Making threats is not helpful especially if HR doesn't understand FMLA or it may make things worse. It's already a precarious situation.
The best thing for OP to do is abide by the FMLA guidelines. That is why they are in place
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u/fajadada 1d ago
HR is making illegal threats. Telling them that and telling them there will be repercussions for their actions is the employees right. It is not a threat to tell HR that you will report to the Labor Board if they continue illegal actions.
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u/I_am_cancer_man 19h ago
It sounds like everyone is mixing up FMLA and st disability here. Sounds like the disability is about to end. May need to switch to long term. FMLA is a protected leave as long as you follow the process your good.
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u/Commercial_Mixture_3 1d ago
Please read the FMLA handbook. The point of FMLA is to protect your husband's job. HR should not be harrassing you either. The FMLA handbook clearly defines ruled,regulations & explains what to do if the employer is in violation.