iamegggirl
Junior Member
What is the name of your state (only U.S. law)?
I live in Florida and have recently exhausted all of my FMLA at work and was laid off the day after it was exhausted. I paid into STD & LTD (Aetna) and have requested the paperwork to be sent to me. So far my HR rep said she has been advised by the companies broker to not send me the paperwork until the broker speaks with Aenta (I don't know why).
My STD had an elimination period of 14 calendar days. My disability obviously started while I was working (since I ran out of FMLA).
My questions are:
1. Even though I have been terminated, am I still eligible for STD?
2. Did I need to be employed for the full 14 day elimination period?
I was out for 8.5 calendar days, tried to return to work and was able to work 9 business days, than was out again for 2 calendar days. I was then terminated because that was the end of my FMLA so I never reached the 14th day. (I did use the majority of my FMLA in late 2008 and did not file for STD then).
I did speak w/ Aetna, and of course, he was only able to give me general information because each companies policy is written differently, but he advised that:
1. My employer (or former employer now) should supply me with the STD packet when I asked for it, and not hold off on sending it because they have some research of their own to do;
2. It doesn't matter that I was terminated as long as the disability began when I was still employed; and
3. Something about having to possibly file two (2) claims because I did attempt to go back to work after being out 8.5 days, but couldn't continue after that. I'm not sure what that was about exactly.
So, basically I need to know if because I didn't miss 14 consecutive calendar days before I was terminated, am I still eligible. And what do I do if HR doesn't send me the STD packet in a timely manner because she needs to do her own research.
I also don't know if it matters, but my disability is mental illness and not physical.
Any help would greatly be appreciated.
I live in Florida and have recently exhausted all of my FMLA at work and was laid off the day after it was exhausted. I paid into STD & LTD (Aetna) and have requested the paperwork to be sent to me. So far my HR rep said she has been advised by the companies broker to not send me the paperwork until the broker speaks with Aenta (I don't know why).
My STD had an elimination period of 14 calendar days. My disability obviously started while I was working (since I ran out of FMLA).
My questions are:
1. Even though I have been terminated, am I still eligible for STD?
2. Did I need to be employed for the full 14 day elimination period?
I was out for 8.5 calendar days, tried to return to work and was able to work 9 business days, than was out again for 2 calendar days. I was then terminated because that was the end of my FMLA so I never reached the 14th day. (I did use the majority of my FMLA in late 2008 and did not file for STD then).
I did speak w/ Aetna, and of course, he was only able to give me general information because each companies policy is written differently, but he advised that:
1. My employer (or former employer now) should supply me with the STD packet when I asked for it, and not hold off on sending it because they have some research of their own to do;
2. It doesn't matter that I was terminated as long as the disability began when I was still employed; and
3. Something about having to possibly file two (2) claims because I did attempt to go back to work after being out 8.5 days, but couldn't continue after that. I'm not sure what that was about exactly.
So, basically I need to know if because I didn't miss 14 consecutive calendar days before I was terminated, am I still eligible. And what do I do if HR doesn't send me the STD packet in a timely manner because she needs to do her own research.
I also don't know if it matters, but my disability is mental illness and not physical.
Any help would greatly be appreciated.
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