Insurance don't want to pay STD!

[PissedWorker]

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

My wife is on short term disability leave and we learned that she is also pregnant.
After an extremely stressful year in workplace she developed depression and currently panic attack on the side. Her counselor suggested "short term disability" leave. Her employer allowed it but from compensation standpoint she has not received thorough "middle man" STD insurance company. Her case is still pending they say and she is to return to the job next week. If in case of resignation or company firing her, can she still get the short term payment? And if she applies for long term disability, what are the chances?
Can the employer fire her after she returns?

Thanks.

 

[Beth3]

If in case of resignation or company firing her, can she still get the short term payment? If the insurance carrier ends up approving the claim, yes. She was employed and covered by the STD insurance at the time she became ill and submitted a claim for benefits.

And if she applies for long term disability, what are the chances? No idea. We know nothing about how the LTD policy defines "disability" in the Plan, what her medical status is, and what the waiting period is. Your wife will need to speak to her employer about that and read through the insurance certificate for the LTD Plan.

Can the employer fire her after she returns? That is a complicated question. Does your wife's current leave fall under the FMLA? How long has she been out?

 

[PissedWorker]

If in case of resignation or company firing her, can she still get the short term payment? If the insurance carrier ends up approving the claim, yes. She was employed and covered by the STD insurance at the time she became ill and submitted a claim for benefits.

And if she applies for long term disability, what are the chances? No idea. We know nothing about how the LTD policy defines "disability" in the Plan, what her medical status is, and what the waiting period is. Your wife will need to speak to her employer about that and read through the insurance certificate for the LTD Plan.

Can the employer fire her after she returns? That is a complicated question. Does your wife's current leave fall under the FMLA? How long has she been out?

~ She actually wanted to quit her job at that time, however on the other hand we were trying to conceive. Eventually we succeeded, then her "panic attacks" somehow triggered and yes her absence fall under FMLA. She's been out for 12 weeks already and STD period is ending this Friday, so she has to start on Monday. Her counselor doesn't want her to return due to conditions. In the mean time she wanted to apply a less stressful job (even a part-time) inside the firm besides her position, but there is no opening. We are scared that after starting again her condition persists and do more damage than good. Do you think resignation is better choice instead of getting fired? Thanks a bunch.

 

[Beth3]

Once your wife has exhausted her 12 weeks of FMLA, her employer is free to terminate her employment.

Do you think resignation is better choice instead of getting fired? Not in this instance. She wouldn't be fired for any sort of misconduct; she'd be fired because she was unable to return to work upon the expiration of her FMLA leave. Once your wife is released to return to work, if she's been terminated by the employer then she'll be eligible for unemployment benefits. If she quits, she won't be.