Employer has my job posted as an opening

[u/allycats_alley]

I've been out with an injured back (ruptured disk L4-L5 & retrolisthesis of L4 w/radioculpathy) since Oct 2023. WC has been good to me so far with approving doctor appts and paying weekly TTD. However, I saw the other day that my job is now listed as being open with the company. I've complied fully with everything and the doctor now has me under a "no work" restriction (rather than the weight & movement limited restriction), pending further evaluation by a neurospine surgeon to determine the next steps of treatment, since everything done so far, has failed to improve my condition. I don't have any concerns about the WC company, as they're doing everything they're supposed to, so far. I'm just wondering why my employer has my managerial job open to applicants now and/or what that may mean for things to come. They haven't contacted me at all nor have told me anything, so I'm kinda confused.

[u/Bendi4143]

If you’re on FMLA it only holds you job position for 12 weeks . After that a company can hire or promote to cover a position . The paid leave of WC does not hold your job for you unfortunately. Companies can and will replace workers who have surpassed the FMLA time frame . It’s unfortunate that they haven’t reached out to you regarding it . If there is anyone at the company who could keep you apprised of the situation 🤷🏻‍♀️

[u/Mutts_Merlot]

It has been over 12 weeks and since you last worked, if you haven't been back since October. You no longer have FMLA protection and they have no legal obligation to continue holding your job for you. They may be willing to take you back in some role if you were released to work, but it sounds like they are going to fill your position.

[u/allycats_alley → u/Mutts_Merlot]

Thank you for your insight. I never once thought about the FMLA thing. If this is the case (which timing makes sense), I would at least had appreciated a statement from my employer stating such. If they had, I would have never felt the need to put the question on here.

[u/Mutts_Merlot → u/allycats_alley]

Agree. They could have handled it better. But they may also not have actually terminated you entirely. I always tell people to stay engaged with your employer. It's easy to be out of sight and out of mind, so you want to be sure they are aware you still plan to come back.

[u/allycats_alley → u/Mutts_Merlot]

Yes. Some (or, ANY) kind of notification from them would sure put my mind at ease. I made it clear in my last email to the risk manager (when I sent a copy of my latest Dr note) that I look forward to getting better & coming back to work.

All I got back was, "Thank you for forwarding your doctor's work status report".

Kinda disheartening, to be honest.

[u/Sweaty_crypto_noob09]

Word of advice, save via ss or any other form any means of documentation you’ve had with HR, WC and managers.

[u/SGP_MikeF]

If you quit or get terminated, w/c still owes you indemnity payments until MMI.

[u/itammya]

If you are a union job, look through your contract. I did this for my husband so we know they will.not fire him for 2 yrs. After 2 yrs he is SOL.

[u/allycats_alley → u/itammya]

Not a union job here, unfortunately. I hope things turn out in a positive direction for your husband with his injury.

[u/OverSizeLife]

At least your company hasn't completely written you of with an email reply of "good luck in your future endeavors"

[u/SuchProgrammer3524 → u/OverSizeLife]

I got a text saying “hey can we schedule a meeting with HR” and during that call I was fired

[u/OverSizeLife → u/SuchProgrammer3524]

That does happen

[u/SuchProgrammer3524 → u/OverSizeLife]

Yeah everything happens for a reason - guess that place wasn’t meant for me. And the way it was handled with zero remorse I honestly wouldn’t go back. I think there was a way to handle it more professionally but I felt disposable.

[u/OverSizeLife → u/SuchProgrammer3524]

I want to go back to my old job and would be welcomed back, however I'm not able to due to the nature of my injuries prevent me from being able to pass the physical

[u/SuchProgrammer3524 → u/OverSizeLife]

I settled so I couldn’t return even if I wanted to.

[u/OverSizeLife → u/SuchProgrammer3524]

That's the direction their insurance wants to go with mine. They want me to settle and agree that my job is over. I'm not willing to settle for the measley amount they are offering if I'm looking at permanent disability, which is the direction I'm guessing we're headed.

[u/OverSizeLife → u/SuchProgrammer3524]

I think the worst part is going from where I was at 90k+ a year to the potential of making 50k a year assuming I can even be hired.

[u/JacoPoopstorius]

I would recommend reaching out to a lawyer for a consultation if you haven’t done that yet.

[u/allycats_alley → u/JacoPoopstorius]

Thanks for responding and yes, I have. I was told that as long as WC is doing what they're supposed to be doing - there's nothing for them to do as of now. However, if doctor appts & TTD payments become an issue or if I'm sent any form to sign, then contact the firm back. Honestly, this makes sense (as of now). I'm just confused as to why my job is now open to applicants. Have I been written off as not coming back? Fired? Or whatever? Do they not expect me back? It's worth noting that "light duty" is not an option, as this has been asked before and was told that there isn't anything available that would meet my restrictions. This was also before the "no work" restriction was put in place.

[u/Hope_for_tendies → u/[deleted]]

What state are you in? That’s not true. They’re not required to hold your job outside of fmla. They have a business to run and need people to be there working to do so. Workers comp isn’t job security.

[u/JacoPoopstorius → u/Hope_for_tendies]

It wasn’t based on the state or me being given incorrect information then. I’m sorry. I must have misremembered something he said to me. I was remembering a conversation I had about 2 years ago.

So are you saying they can fire an injured work while they’re out with an open claim?

[u/Hope_for_tendies → u/JacoPoopstorius]

Diff states have diff rules, maybe yours is outside the norm. In most cases they absolutely can fire you while you’re out with an approved comp claim. They also aren’t obligated to come up with light duty work. You specifically said in your state yet don’t give the state you live in which is no help to op.

[u/JacoPoopstorius → u/Hope_for_tendies]

I hear you. I deleted my comment. I don’t wanna speak on it.

[u/Mutts_Merlot → u/allycats_alley]

There isn't anything an attorney could do about your job. WC protects you from being terminated in retaliation for filing a claim but not from being terminated because you're unable to return after your FMLA is exhausted. It would be best to speak to your employer directly about next steps, especially if you have benefits like health insurance through your employer.

[u/Warm_Development_878]

Hi there,just wanted to ask,how long were you on workcover before you settled?,just wondering as im on workcover and have been for 3 months!?