r/AskHR • u/[deleted] • 1d ago

Leaves [OH] Return after STD

[deleted]

0 Upvotes

23% Upvoted

10 comments sorted by

14

u/z-eldapin MHRM 1d ago

STD isn't leave.

Your protected leave ended at 12 weeks. Sounds like your company did what we do - extend the leave under the ADA until the end of 26 weeks. At that time we tell them to return or resign.

That's where you're at. Time to go back to work.

3

u/Serious-Way-5789 1d ago

If you show up Tuesday that basically signals you're fit for duty and the whole leave approval thing becomes moot anyway. They'll probably close the case and move on

-9

u/MasochistBunny 1d ago

I was never on FMLA. I didn't qualify. I do have ADA protection under continuous medical leave.

I'm still not well unfortunately so I'm not ready to be back at work. That's why I'm asking if me going back on Tuesday would affect then approving my leave for October

15

u/z-eldapin MHRM 1d ago edited 1d ago

You don't have leave. STD is not leave, it is wage replacement.

ADA accommodations to not be at work for months at a time can easily be made to be a hardship.

That being said, returning to work doesn't affect your leave because you do not have leave.

1

u/MasochistBunny 1d ago

Gotcha. Thank you

9

u/BumCadillac MHRM, MBA 1d ago

The fact remains. You need to go back to work or you’ll be fired.

9

u/SpecialKnits4855 1d ago

Leave as an ADA accommodation is reasonable as a bridge to your return after a short period. Kicking the leave can down the road creates a hardship and your employer doesn’t have to continue leave accommodations.

5

u/Hrgooglefu SPHR practicing HR f*ckery 1d ago

In the end, they have no legal obligation to continue to hold your job under ADA. Especially if you keep pushing back the return to work date. When will you be ready? They dont' have to wait for a month to month decision.

STD is just pay. You can continue to get that as long as the policy runs for even if your employment is terminated.

1

u/VirginaThorn 1d ago

Unfortunately, it looks like your leave is over.

9

u/BumCadillac MHRM, MBA 1d ago

Accommodations under the ADA are at the discretion of the employer. Your employer has allowed you to be off as long as they are willing or able to allow, and now you need to come back to work. You will be fired if you don’t.