Short Term Disability/ FMLA

[Ashley Barclay]

I work for an Ohio corporation that employs more than 200 people. I was out on FMLA for 11 weeks during the summer, and only recently it was approved under disability also. Last week, my doctor put me back on disability and the paperwork has been submitted to work as well as my disability insurance company. I spoke with my disability insurance company and they told me that because I returned to work for more than 2 weeks, I am eligible for short term disability again.

Now, it looks as if they are sending me termination paperwork. This can't be right. Many people go from short term to long term disability without being terminated. That process is obviously longer than 12 weeks so their FMLA time expires along the way. I was under the impression that because my disability paperwork has been submitted, my job is secure. Am I missing something?What is the name of your state (only U.S. law)?

[cbg]

STD benefits do not, repeat, do NOT, in any state or under any Federal law, provide job security. ONLY FMLA provides job security. STD is not leave - it is how you get paid while you are on leave. Once your FMLA expires, your employer has no further obligation to hold your position, regardless of how long your STD benefits may have been approved for, unless state law or a legally binding and enforceable contract specifically says otherwise. Ohio has no such state law.

However, in the exceedingly large majority of cases, STD benefits are not dependent upon your being employed. In 30 years of administering group benefits, I have never seen and only once heard of a plan where STD/LTD benefits stopped when your employment did. As long as you were employed on the date that you became disabled, the STD/LTD carrier or carriers "owned" your claim and benefits would continue to be paid even after your employment terminated. I have personally filed the paperwork on claims that were still ongoing even though the employee was terminated more than ten years ago.

[ecmst12]

Your job is only legally protected for 12 weeks. You may still be on disability but that doesn't keep them from firing you.