My lovely wife has of recently (1.5months) been diagnosed as bipolar. Between her father dying unexpectantly in Nov, then my grandfather passing christmas eve and then our house being robbed the day of my grand's funeral the stress caused her to snap. She was taken to the ER my me a about 1.5 months ago because she wasn't eating/sleeping and not in good shape here they said she was bipolar. I'm not sure of the exact date but she quit her job with ups to take a much lower paying but feel good job w/ the NC dept of labor inspecting migrant houses. She's not been there a year. Anyways she'd been seeing a pycartrist but I now doubt his abilities because we took her to Duke yesterday where she was admitted and they said the drugs she was taking at the time were not even in the right ballpark for her disorder. Her boss had told her she could take some time off unpaid to get better but today I got a call from their HR dept saying she was no longer employed and though she'll have insurance the rest of the month I'll have to enroll cobra and start paying the premiums. Can they do that? No 90 days, and no "if your not back at work by _____" also what about unpaid leave? I'm self employed and of course this is going to drain my already dry caufers, but the thing that worries me most is she lost the first job she thought she was making a difference at. My bro works for INA (huge barring manuf.) and he asked one of his HR guys and they said no way they could do that... is the state accountable to the same laws?

4/3/2007 6:16:21 PM

sent this to the HR director

Quote :

"I just want to run something by you, not trying to cause trouble. My brother who is a engineer with a large company ran Pieng's dilemma by his HR department head who said that since no definitive time was set by you the employer for her to return to work and since Pieng was told by her employer that should could take some time off uncompensated that technically she should not and cannot be loosing her job. I for one thinks this sounds more inline with my personal business experience and wanted to make sure we had all our ducks in a row. Personally I'm more in favor with Pieng keeping her current position until we can be certain that she cannot operate in a satisfactory manner. Now I don't know if the state is bound by laws like the rest of us but I thought it was worth asking. In way of reimbursing you for the lost labor I sure we can work something out that pending Pieng's return she could work for gratis for a period equal to what she's been laid out, I'm also willing to reimburse for the insurance coverage for the time she's laid out. I am basically asking to keep her in her current position until we know for sure if she'll be able to resume her duties. As for anything you might have been told by her previous doctor, please discard that as I'm doubting his abilities. The Drs at Duke have said she was totally on the wrong medication, and per my talking to another family member who is bipolar she most likely will be able to drive and perform with no problem. Please don't consider this as an angry husband or anything like that, I'm simply trying to ensure Pieng will have the option to continue her dream that she already sacrificed a promising and well paying career for. Like I said earlier, I'm not a legal scholar, nor do I want to tell you how to run your business; but options were given at a earlier date and I'd prefer to go with those for now. Believe me if I ever think Pieng is incapable of performing her duties as an inspector I will stop her before you'll have the chance too. I just want to make sure she has that chance. So if you will, please research the option of unpaid leave as Pieng was given earlier and get back to me. I can be reached at ___________ at anytime, as long as I can hear it ring."

4/3/2007 8:00:53 PM

Ask the legal office thing that NCSU has for students. They might know.

4/3/2007 10:58:13 PM

Dude this is horrible. I don't think they can get away with this but I am not sure. Good luck to both of you!

4/3/2007 11:01:02 PM

http://www.wral.com/5onyourside/blog/1201100/

this link might have suggestions on who you can call. Hopefully, you can get your answer without having to pay for a lawyer

4/4/2007 1:52:00 PM

Somethings to consider. How long has she been employed by her employers? If it's for <12 months, she might not be eligible to take a FMLA leave.

4/4/2007 2:11:10 PM

Gov. jobs have different regulations in certain areas, but I'm not completely sure how it affects fmla.....that being said, this should be a start:

Quote :

"FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles. The FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances. "

but since

Quote :

"She's not been there a year"

sounds like you're sol, unless you can prove there was some sort of verbal contract, but that'll be shaky at best.

[Edited on April 4, 2007 at 2:43 PM. Reason : .]

4/4/2007 2:42:04 PM

Not sure what type of employee she was (I'm a state employee at UNC), but look at the state personnel act that might have something that will help. I know my probation period was 90 days and that I could have been fired during that period of time without any reason (if a veteran/laid off employee wanted/qualified for my job I would have lost it and almost did).

4/4/2007 2:55:44 PM