Short Term Disability Question

[Angel19]

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

Hello All,

Thank you for your time. Previously, I was full time at my employer; however due to various reasons, I went to a part time employee. I was advised by our HR that part time employees were not eligible for STD benefits and as such the coverage was terminated.

I was reading within our handbook (the most updated copy) that part times employees were indeed eligible for STD benefits; however, when asked - the HR individual advised this was simply a "typo" but no written notice of this exists anywhere and the most recent copy being published/made available, reflects this as a benefit.

Does the employer have to honor what is listed in the employee handbook since it is not written otherwise elsewhere? Also, if they would have to honor this, would it be also possible to hold them accountable for loss of benefits under the STD during maternity leave? The STD benefits company is now indicating that they would not cover it regardless as they view it as a "pre-existing" condition - although I was covered by them at the time it was confirmed.

I would appreciate any information/assistance you may be able to provide.

 

[ecmst12]

The employee handbook is not the relevent document for determining insurance coverage eligibility. That is entirely dependent on how the STD policy itself is written. And employee handbook is not a legal document. And insurance policy is.

 

[cbg]

Agreed. It doesn't matter what the handbook says; what matters is what the plan document says. If the handbook says yes and the plan document says no, it's no. If the handbook says no and the plan document says yes, it's yes.