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FMLA concurrent with STD?

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chynathedragon

Junior Member
What is the name of your state?What is the name of your state? MO
I have a daughter who has Down Syndrome and medical problems. I was eligible for FMLA due to having worked there for 5 years, 1250+ hours per year, 215 employees, etc. etc. Due to her health problems, I had taken intermittent FMLA (reduced hours) to take care of her when a nurse was unavailable, or whatever. Since a while back, my daughter has not needed me at home as much due to regular nursing schedules and her improved health. However, she still needed me to take off work from time to time, and that was ok with work.

To make a long story short, I begun to have health problems myself. I had taken both STD and FMLA previously. I was diagnosed with FMS and a herniated disk. A few months ago, I had back surgery, and took STD. While I was on disability, we got a new department manager AND a new store manager. I was still recovering from the back surgery, and my doctor wanted me to take physical therapy 3 days a week, and told me I had to work very reduced hours. I ran out of STD, and relied upon my FMLA to hold my job. I got a letter telling me within 1 month of the end of my STD that they were terminating my employment. From what I understand, the employer either changed their policy about running FMLA concurrent with STD, or this was their policy, but never informed the employees until the new manager(s) took over. The policy they handed me when I protested was dated October 2003, which was in the middle of my rolling 52 weeks. To make the story better, I filed for unemployment, but they told the department of labor that I voluntarily quit, even though I have a letter in hand that states, "We are terminating your employment"! :mad: :confused:

1. Do I have any recourse? I've contacted the EEOC, but I'm not sure if this is even the right thing to do.
2. Can they change policy like that in the middle, and make it retroactive?
3. If they have not informed employees of the policy, and a certain behavior is accepted, can it suddenly become unacceptable later when they choose?
4. Can't they get into trouble for lying to the state?
 


Beth3

Senior Member
STD and FMLA are not one in the same. Short-term disability is an income replacement benefit offered by your employer when you are medically unable to work. It has nothing whatsoever to do with the amount of leave time your employer may or may not be obligated to grant you. FMLA allows you up to 12 weeks of leave time in a 12 month period.

Yes, STD and FMLA run concurrently when an employee is ill. You don't get "X" number of weeks of disability benefits and then 12 weeks of FMLA.

1. Do I have any recourse? I've contacted the EEOC, but I'm not sure if this is even the right thing to do. The federal Department of Labor has jurisdiction over FMLA violations, not the EEOC. I don't see that your employer has acted unlawfully however.

2. Can they change policy like that in the middle, and make it retroactive? I don't see that they changed their policy. For whatever reason, a lot of individuals make the same assumption you do and believe that STD guarantees a certain amount of leave time. It doesn't. Only the FMLA does that.

3. If they have not informed employees of the policy, and a certain behavior is accepted, can it suddenly become unacceptable later when they choose? Yes.

4. Can't they get into trouble for lying to the state? Not in these circumstances. It's not entirely clear that they actually lied however. An employer receives a "check the box" UC form from the State when someone applies. "Voluntarily quit" may have been the closest option they felt they had on the form to describe your situation - you were on leave, all leave time was exhausted, and you were unable to return to work. It will be sorted out by the State. FYI, if you are still medically unable to work, you will not be eligible for unemployment benefits.
 

chynathedragon

Junior Member
I forgot to mention: I was not entirely out of leave: I still had 2 weeks of vaction, which they didn't allow me to take. Does this make a difference?
 

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