Legal Question in Employment Law in Florida
Labor/employment
I recently applied for short term medical LOA from United Parcel Service. I went into treatment and during this process my supervisor terminated my employment. I have all the documentation and my insurance company (Aetna) has all the necessary paperwork. They have approved my LOA. I have full documentation of my contact with UPS and they are giving me the run-around. The decision making person hasn't even returned my calls or spoken to me in 1 week. Meanwhile, my family and I have not medical insurance and not paycheck coming in. I have been an excellent employee with awards to prove it. My attendance is excellent with the exceptionof this.
What do you do when the UPS personnel are so unprofessional and not returning calls.
Thank you very much!
2 Answers from Attorneys
Re: Labor/employment
If you were terminated, I am not sure what could be accomplished through a post termination telephone call. You should consult with an attorney to determine if your Family Medical Leave Act rights were terminated. Your UPS contract would also need to be reviewed for a potential cause of action.
Re: Labor/employment
Don't be too concerned about UPS's lack of response. They are a huge organization which means a lot of bureaucratic red tape. My experience indicates they are usually slow to respond.
As far as what to do, you should check with your union representative. UPS terminates employees and later returns many of them to their positions. If you are unable to work, you may not have any rights under the ADA. Similarly, if you cannot work and your FMLA time (12 weeks of leave per year) has been used up, you may not have any rights to return to a similar position. The best approach may be through the union. You will need to exhibit patience with this process.
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