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Do I give notice to my employer before going on disability?

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Posted 4/17/2012 3:57 AM (GMT 0)

I've scoured the internet and can't find any information on this!  I need to go on short-term disability leave and have medical insurance through work.  I'm wondering if I need to provide notice to my employer before doing this or do I just go from one day to the next?  I will likely be on leave for at least 4 months.  My doc is recommending this.

I have a few issues and don't know how to proceed.

  1. My work does not have an HR dept so I have no one at the company to ask.
  2. My relationship with my boss isn't very good for the past several months since my illness has meant that I've required special accomodations at work.  (Accomodation= work one day per week from home and that's it)
  3. My boss is demanding, inflexible and has continuously bullied me since I've brought up my medical condition.  He has threatened my job and continues to be unpleasant to talk with about this issue.
  4. I will be leaving (hoping to start next week) prior to a busy period for my department. This doesn't make telling the boss any easier.

So, do I give notice? Talk to the boss in person?  Just email the boss and be on leave from one day to the next?

I know that I get the insurance forms from the provider and my doc has to fill in the forms, etc. I just don't know how to get it started.  Your suggestions will be appreciated!  I am in Canada but don't think the location makes a difference. there doesn't seem to be any straightforward laws about this.

Posted 4/17/2012 6:00 AM (GMT 0)
I would give him at least a week, but that is just me.
Posted 4/17/2012 12:16 PM (GMT 0)
 

I AM IN CANADA, IN QUEBEC first and foremost you are in Canada and will have to go on sickleave as it is called unemployment for I believe 16 weeks. and your doctor will have to write a note to

UIC for this. so get a letter from your doctor.. after about 8 weeks (I think as it was 4 years ago for that I left my job) the doctor will have to write another note .. for UIC... ok to continue the benefits.

now you say you have private ins. at work.  you need to obtain the papers from your private insurance and during the time you are on UIC get your file together and the paperwork done.

your employer or the director (better) of your company will have to fill out some of it and you should get this done before you leave your job. MAKE SURE YOUR SEPARATION PAPERS SAY YOU ARE LEAVING BECAUSE YOU ARE SICK! 

I dont know what private insurance company you are with at work  ... may I ask that.

  1. My work does not have an HR dept so I have no one at the company to ask.

DOES YOUR BOSS OWN THE COMPANY YOU WORK FOR. AND IS THERE A DIRECTOR THERE...?

  1. My relationship with my boss isn't very good for the past several months since my illness has meant that I've required special accomodations at work. (Accomodation= work one day per week from home and that's it)

YES YOU WILL HAVE TO HAVE A SIT DOWN WITH YOUR BOSS AND EXPLAIN YOU ARE NOT WELL AND WILL BE LEAVING.  I THING 1 OR TWO WEEKS NOTICE YOU WILL HAVE TO GIVE...

I GAVE MORE THAN THAT BUT I HAD A GOOD RELATIONSHIP WITH MY BOSS AND THE EXECUTIVE DIRECTOR.

  1. My boss is demanding, inflexible and has continuously bullied me since I've brought up my medical condition. He has threatened my job and continues to be unpleasant to talk with about this issue.

WELL GO IN WITH A DOCTORS NOTE.. AS WELL TO YOUR BOSS

  1. I will be leaving (hoping to start next week) prior to a busy period for my department. This doesn't make telling the boss any easier.

Make sure you get those separation papers when you leave.. as you will have to go to UIC with the doctors letter rememeber that..

 

if you have anyother questions please ask me I am in Canada and maybe I could help..

 

the more info you could give your private disability the better

 

I had a 5 sheets typed out on how I was and it was typed out  by my late husband and he signed it.   I talked and he typed.

as my concentration was next to nil....  so he put it all together for me.

 

if you have more than one doctor. then get letters from all of them..!!!! the more you have even if they dont ask for it the better. more is better..

 

 

Posted 4/18/2012 11:19 AM (GMT 0)
Hi Didnt see you come back last night.. wondering if you saw my post to you.....
Posted 4/18/2012 11:40 AM (GMT 0)
I've gone out on both short term and long term disability (although every company defines those differently based on who handles their STD and LTD plans). I never gave any notice - not because I didn't choose to, but because those were my circumstances.

Your situation is unique in that it's obvious that your boss isn't going to make your life at work easy, that's pretty clear from your description. There is no requirement that you give notice, I can tell you that, so if your boss intimidates you and you feel that s/he could harass you about it (it almost sounds like s/he would), then you don't have to say a word until you go out on disability. However if you feel that won't be a problem, obviously you can give notice if you feel that it's the best way. It's a matter of how YOU want to handle it.

As for there not being any human resources person at your place of employment, there must be someone who handles personnel matters like FMLA (Family and Medical Leave Act), as that will apply to you. If I were you, I would ask someone other than your boss who handles FMLA issues. They would likely be the person who would process/handle your LTD claim.

I hope this helps. It's just my two cents from my own experience. Good luck.
Posted 4/18/2012 12:31 PM (GMT 0)
Hi Hatmaker she is from Canada and I think we have FMLA here..
I suggested the director of the company or someone who handles the payroll who would deal with the insurance company.

if you read my post to her I am in Canada and this is how it is done here.....

but I do like what you said about giving notice. :-)))))
Posted 4/18/2012 12:37 PM (GMT 0)
Ah, I'm sorry, I missed that part about Canada. OOOPS. :\
Posted 4/18/2012 12:55 PM (GMT 0)
LOL it's ok... I  am having a really bad day today and I know I will forget or miss something

brain not even working lol lol

turn  

Posted 4/18/2012 4:21 PM (GMT 0)
Starry eyes you are correct about the notice, I worked in hr as well as on management so I have seen a little. One day a staff member came in on a super busy day she asked to speak to me and showed me her drs note all I could do was submit the note to the hr dept ans wish her well. The note stated starting immediately this person was to no longer work due to health issues. I could not even ask what they were because that was considered private.

She then applied for employment insurance for short term coverage and then applied for long term. I was shocked because as my assistant and friend i expected more courtesy but I also understood how difficult it was for her and her dr to make that decision.

We remain friends after many years, and had she of given me notice that this was happening my boss would have found reason to terminate her employment. Big companies do things so shady just to save themselves a few bucks.
Posted 4/18/2012 5:01 PM (GMT 0)
grandmaroses :   That is awful .. you mean if the boss would have found out she was going to leave to go on disability
they would have terminated her ... that is not allowed. ??

first one goes on sickleave unemployment and then they apply for short term disability and then long term kicks in.  after two years.  and then the insurance company wants you to file with your provincial disability and if they dont accept you the private keeps paying you and then you try again. I did not have to try again.

I was lucky because my boss and the executive director stood behind me all the way..... I had no problem telling them and they even got the papers for me from the private insurance company we dealt with.

I worked in a very big place too..... and like I said I was lucky very lucky.

my boss even wrote letters to disability fo rmy file for two years after I was gone to state that I was incapable of working.....

Post Edited (STARRY-EYES) : 4/18/2012 11:04:22 AM (GMT-6)

Posted 4/19/2012 12:56 AM (GMT 0)
I totally agree Starry eyes my boss was a terrible person but he got away with that so many times, she was lucky I never gave him cause to investigate her. I was unfortunately stuck in a middle management position where he could still over ride my decisions.

In the 10 plus years I worked for the company only one person ever hired a lawyer and fought not only him but the company that had been mistreating people. Yes it was me I only wish I could have helped more people.

Not all bosses are understanding and not all companies follow the law, my old boss said when he fired people they would receive the golden handshake and be glad they got that. He never knew what hit him when I refused his handshake and fought for what I was legally owed.
Posted 4/19/2012 2:08 AM (GMT 0)
wow Rose good for you for doing what you did!!!! I applaud you... really..

Your boss sounded like a tyrant and really I will never understand how a person could be so mean
not only to those well but to those who are not well. I mean the workplace does not pay for a persons
disability. we put into to our insurance plan at work.. we contributed.

I would think if a person is sick. a boss should be more compassionate and even offer to help them
obtain disability. But then i was lucky.

I gave notice in November 2007 and left on December 16, 2007... I trained a new assistant for my boss. I went thru 3 people before I got the right one for him. and still today his new assistant and I remained friends. Oh yeah. even when I left I told her if she had a question call me at home and I would tell her via emails or on the phone what to do.

but like I said I was lucky. the only unfortunate thing was my husband died 4 months later...
sighhhh :-(
Posted 4/19/2012 2:29 AM (GMT 0)
Thank you everyone for the feedback. I talked to my boss and let him know that I'll start medical leave on April 25th. Surprisingly, he was really good about it. He hasn't been about this kind of thing in the past so I'm just relieved that it went smoothly.

I decided to give him notice so I could stay amicable (as much as is possible) and give my jr. colleague enough notice so she can get up to speed on what she'll need to work on while I'm away. I really didn't want to leave her in the lurch.

My doctor filled out my forms today. I don't have to apply for EI sickleave first. StarryEyes, perhaps it depends on the type of private insurance policy one has. Mine does not require that. I have a 7-day waiting period until benefits kick-in. Of course that is if the benefit is approved, pending review of all documents.

Anyway, I'm glad I did it. I am really worn out. Each day is a struggle to get through for me. Today was horrible. I am really weak and shaky along with the fibro pain. Truly, I would have started disability today but decided to tough it out a few more days in order to keep the peace with my boss and give guidance to my colleague filling in.

In the meantime, my doctor has done more blood tests to rule out other horrors like Lupus, MS and Rheumatoid Arthritis. All of these run in my family and the doc doesn't think I have them but wants to do the tests to be certain. My symptoms lately have included the weak feeling with nausea and being shakey. Doc says this could just be from being worn out and needing to recover. (hoping that is the case)

Next step: dealing with the insurance company. I'll keep you posted on how things are going.

Again, many thanks for your support and feedback.
Posted 4/19/2012 3:29 AM (GMT 0)
Booklet I am so happy for you that your boss was gracious, you will need to start an employment insurance claim if you are planning on getting those benefits. All that information can be accessed through service Canada's site so you will not even have to stress about that. It is fairly simple so even through fibro fog you should be fine.

Keep in touch let ys know how you are, it's been a pleasure.
Posted 4/19/2012 3:29 AM (GMT 0)
Booklet I am so happy for you that your boss was gracious, you will need to start an employment insurance claim if you are planning on getting those benefits. All that information can be accessed through service Canada's site so you will not even have to stress about that. It is fairly simple so even through fibro fog you should be fine.

Keep in touch let ys know how you are, it's been a pleasure.
Posted 4/19/2012 3:29 AM (GMT 0)
Booklet I am so happy for you that your boss was gracious, you will need to start an employment insurance claim if you are planning on getting those benefits. All that information can be accessed through service Canada's site so you will not even have to stress about that. It is fairly simple so even through fibro fog you should be fine.

Keep in touch let ys know how you are, it's been a pleasure.
Posted 4/23/2012 4:29 PM (GMT 0)
I have a question about LTD through my employer as well. I have been off work since end of Oct. I had Breast Cancer surgery/recovery, then such fatigue that I couldn't lift my head. I then had literally over 2 months of chronic diarrhea (turned out to be my IBS) but I couldn't be more than 15 ft. from a bathroom.

My Dr. put me on FMLA Jan 1 - July 1, but I think I am going to be for LTD IF I can. I'm wondering if FMLA has an effect on LTD. I know that you have to have worked a certain number of hrs before going on LTD and I probably don't qualify for that.

Like you, my company doesn't have an HR dept (can't figure out why since we're a good size). They just referred me to our LTD carrier. I can't imagine them wanting to help me too much since as far as I've heard they'd rather not pay it out obviously.

Anyone been through this? Advice?

Thank you in advance!
Jace
Posted 5/30/2012 2:15 PM (GMT 0)
Hey all,

I too am from Canada, and just wanted to post a reply because I was put in a totally illegal position by my former employer. I was having a flare-up that affected my legs/hips/lower back, and was holding onto walls, chairs, etc. just to keep upright. No days off were offered, though they could CLEARLY see I was having difficulty working. I ended up going to the hospital, and then to my family doctor whom prescribed me some strong pain-killers, but because he wasn't sure if they would work, he recommended I take time off until I was to see my specialist, IN ...ONE ....WEEK (not even a short-term disability leave), to get a final diagnosis of what's been affecting my health, and the possible treatment options available.

I asked my employer if he wanted a note, but he declined as he knew my circumstances, and 'apparently' understood them quite well. RIGHT! The next morning I get an e-mail saying that I was being let go because my health was 'disruptive' and 'unacceptable' in a small-business environment. I am currently suing him, and have gone to the media about my story, and for some funny reason, he thought he could sue me for defamation. HA! It's not defamation if you read from the note your employer TYPED OUT AND E-MAILED TO YOU!!!

Considering your circumstances, please be prepared for a legal battle if your employer is unwilling to accept what your health is, that you are being treated, and that you have the appropriate documentation to back it up. I, to this day, have the appropriate documentation, and even my Rheumy is on board my current legal train against my former employer. He had NO RIGHT to let me go the manner he did. That was called 'perceived discrimination', which is 100% against the law, and I did not even have the chance to get a diagnosis at that time!! Good luck with your employer!
Posted 5/30/2012 10:24 PM (GMT 0)
Hi BunBun. Wow, your story sounds like mine in a lot of ways. I'm sorry you're going through this. It's very stressful, I know.

Have you filed a complaint with the Human Rights Commission?  That's what I've done and so far my complaint has been accepted by the commission and is in process.  I would like to keep in touch with you to compare notes. I may wind up getting a lawyer too but for now I'm going through the Human Rights process.  I'm very interesting in your experience with a lawyer and a law suit. 

Can we get in touch via email somehow? I'm not sure how to contact people directly via this forum.

Posted 5/30/2012 10:28 PM (GMT 0)
Hi again!  I should explain that things with my boss at work went very sour after it initially was okay, and I discussed this in a different post.
Posted 5/30/2012 10:49 PM (GMT 0)
Hey Booklvr,

Not only am I suing him, but yes, am taking this case in front of the Human Rights Tribunal where he will most definitely be punished.
Posted 5/31/2012 6:47 PM (GMT 0)
Hi BunBun1982,
I'm interested to learn more about the process you are doing for suing. Do you feel comfortable posting it here or can we contact each other another way?

Mainly I'm interested in:
- Which province are you in? (legislation varies between provinces)
- What kind of lawyer did you hire?
- Was that person recommended/how did you choose a lawyer?
- What type of lawsuit is it? Did the lawyer explain that part?
- Is the lawyer involved in your human rights complaint also?

I would really appreciate you sharing your experience as I will be going through the same thing and have no frame of reference for this.
Posted 6/8/2012 5:07 PM (GMT 0)
Hi Booklvr,

I'd be happy to answer your questions:)

- Which province are you in? (legislation varies between provinces)

 I'm in Ontario.

- What kind of lawyer did you hire?

I hired an Employment Lawyer who deals with a lot with discriminatory/Human Rights cases.

- Was that person recommended/how did you choose a lawyer?

I looked online. More specifically I googled 'Employment Lawyers'. His firm was the first one that popped up, along with the cases he deals with, and the articles he's published. He's very well known, and he's an awesome person to work with.

- What type of lawsuit is it? Did the lawyer explain that part?

It's a dual case of discrimination and wrongful dismissal and is being taken in front of the Human Rights Tribunal. At the time I was let go, I had NO solid diagnosis, and therefore this was considered a case of 'a perceived disability'. VERY ILLEGAL!!! As I ONLY had one week until my Rhemy appointment for a final diagnosis, but had intolerable pain in my lower back/hips, my family doctor recommended I take a week off work because the meds he was prescribing may not work on the pain, and *BAM*, I was let go. I even asked before they unjustly let me go if my employer wanted a note THROUGH his receptionist, and it was declined. Thus why he thought it was okay to let me go, siting that they were unaware of any chronic health issues. Long story short, they knew.

After 3 months of initially being let go, and being unable to get a new position as my reputation had already been ruined by his callous move of giving me both a letter of termination and a reference letter BOTH stating that I was let go because of my Fibromyalgia and keeping in mind I did not have a diagnosis yet, I went to the media. As a result of going to the media, I am being counter-sued for defamation, which is 100% frivolous.

- Is the lawyer involved in your human rights complaint also?

Yes he is. He was the one whom suggested it be brought in front of the Human Rights Tribunal.
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