if you are out of work for surgery or things should a company be able to bump up your hire?

Question

example.. hiired on april 19 out for surgery after 9 years of service for 2 months come back to see your date for hire has been moved to june or july..

Answer 1

It depends on the collective agreement of your union, if you have one. If you don't its controlled by the company policy, and thee isn't much you can do.

Answer 2

If your company has more than 50 employees (or is a school or public agency) AND if you worked more that 1,250 hours in the past 12 months, you are covered under the Family Medical Leave Act. Which basically says that you can get up to 12 weeks in a 12 month period for a serious medical condition. FMLA guarantees that the company hold your job open for you (or offer you a similar position when you come back.) It also protects your health insurance, if you get it thru your job.

I don't know why they would want to move your hire date unless it is to reduce your benefits, or pass you over for promotion based on length of employment. But they would probably be in violation.

http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

Here's a link to the Dept of Labor website for FMLA.

Answer 3

Were you out on a paid or unpaid medical leave? Is your job covered by a union contract? I would check with the personnel department to see why the start date was changed.

If you go out on an unpaid medical leave you are consider as unpaid status, just like being temporary laid off. They should have given you the options to pay for your own medical insurance to keep you on a active status.

I did payroll for seventeen years for a large company, and people would be amazed of all of the paperwork that is involved when someone is off work for a long period of time.