STD and FMLA and Jon security

[furrby]

What is the name of your state (only U.S. law)? NC

I understand that FMLA lasts 12 or 13 weeks (for these questions I will use 13) and protects your job. But, STD/LTD protects your paycheck.

My company has you start FMLA at the same time you start STD. My STD lasts 26 weeks then I would move on to LTD. My question is can I be laid off after the 13 the week even though my STD is longer? Also, if I do get laid off at week 14 will I be able to keep my option for LTD?

I ask because the company has announced the need to cut costs moving forward and we are all expecting cutbacks, but I have to have surgery now.

My second question is I can use 13 weeks per year. Other posts say the employer decides if it is a calendar year or the last 12 months. When does the employee have to decide that? Is it a decision applied to all employees or do they do it case by case?

Thank you,
Tina from NC

 

[cbg]

FMLA is for 12 weeks. Period. Not 13, ever. There are no circumstances whatsoever where FMLA lasts for a single day longer than 12 weeks. There are a very, very few states that provides protection beyond FMLA at the state level but (a) your state is not one of them and (b) that is not FMLA.

STD provides no legal protections at all. STD is how you get paid while you are on medical leave. Period.

You can quite legally be laid off on day 1 of week 13. As soon as FMLA is up, you have no more job protection. It doesn't matter how long your STD has been approved for - STD can and does outlast your employment. However, here's a point you're not considering - FMLA only protects you from being laid off BECAUSE you took FMLA. It does not protect you from a termination that would have happened whether you applied for FMLA or not. So if your position is one of the ones that would have been eliminated anyway, neither FMLA nor STD will protect you.