What do you think?

Question

I have been out of work since the end of February with a non work related shoulder injury. I have been paying into short term disability for 18 years and I am using that right now. 
Thursday i went to my orthopedic surgeon for my 3rd shot. I am better, but not healed. I cannot lift overhead or lift the 25lbs I need to to perform my job. I recently received a letter stating that my job is no longer secure as of May 19th. 
My Dr said he would release me so I wouldn't lose my job, but he knows I cannot do what my job requires me to do. I dont want to lose my job and I am returning without restrictions because they won't let me work with them. I dont want to hurt myself even more. 
What are your suggestions?
Thank you

Answer

If you have a valid medical reason ( depending on the State mine can hire and fire at will) buutttt most States that is illegal I think, I would look into that before returning to work to soon and hurting yourself long term....

Answer

The Federal Medical Leave Act (FMLA) allows for 12 weeks of unpaid leave during which time your job is protected.  Some states have similar laws, but they run concurrently so unless they offer more than 12 weeks, that is the max amount of protected leave that is available to you.  Since your leave started in February, that timing makes sense.  State disability will usually pay for longer than 12 weeks, but it does not offer job protection (at least none of the states I’m familiar with).
Now, just because your protected leave is running out doesn’t mean that your company will fire you right away.  A lot of times employers will approve longer leaves, but they are not obligated to.  I’d recommend talking to your HR department or whoever is managing your leave of absence.  You don’t want to hurt yourself further by going back before your body is ready.  
If you do stay employed, but on leave, your absence may effect whether you are eligible to continue participating in company heath insurance (many plans restrict the definition of an active employee).  If being out longer does trigger you losing insurance, you can continue it through COBRA.

Answer

I’d look into state laws. And look for a new job. Even if it’s illegal for them to fire you, it’s not worth the drama. I once had a manager give me a hard time for needing an emergency dental appointment and it should’ve been my biggest red flag 🤷🏼‍♀️

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