Short Term Disability Termination?

[Fenix2247]

What is the name of your state? California

I am currently out on disability under my firm's Short Term Disability coverage (SDI + STD = 100% of my salary). The firm's policy allows 90 days in a rolling year prior to the beginning of the current disability. I have used approx. 1/2 of those 90 days earlier this year for a different disability and will end up on unpaid medical leave of absence for the remainder of the 90 days that my doctor has taken me off work (chronic post-surgical back pain). My question is whether the firm can terminate me during that period of unpaid LOA (I will still be covered by SDI). Since I originally had foot surgery planned (cancelled due to inability to sit for very long) and was out for back surgery last year for 6 months, I think they would like to prevent me from going on the Long Term Disability policy which would continue for up to 1 year, even if I'm terminated. Because of the nature of my duties (legal secretary), along with my need for foot surgery, my chances of returning after 90 days is low. Can they terminate me during that gap?

I saw the following questions in a similar post:

1. How long have you worked for this company? 7 1/2 years
2. Over the 12 months prior to your beginning leave, did you work at least 1,250 hours? Yes
3. How many individuals are employed at the site at which you work and within a 75-mile radius? approx. 1,000

Thanks!

 

[cbg]

You are entitled to UP TO 12 weeks of medical leave under FMLA. Whether you are receiving STD benefits is immaterial. It's not the STD that protects your job; it is FMLA.

Once you have been off the job for 12 weeks, then if you are still unable to return to work, regarrdless of whether the time is paid or unpaid (and regardless of how much, if any, of the time was paid) you can legally be fired.

 

[Fenix2247]

Short Term Disability Termination

Thanks for your quick reply.

I just read part of the law: "The employer may elect to use the calendar year, a fixed 12-month leave or fiscal year, or a 12-month period prior to [or after] the commencement of leave as the 12-month period."

Since my firms policy states that the ..."rolling 12-month period [is] measured backward from the first day of your most recently requested leave," it will begin on the first day of my previous disability, May 9, which lasted 47 days in the 12-week period and I'll run out of time in about 6 weeks under FMLA and 43 days under my firm policy. Looks like neither the law nor firm policy can protect me. Not good....

 

[cbg]

While an exact answer will depend up the terms of your policy, in the VERY large majority of cases, even if you are termed your LTD benefits will still apply.

 

[Fenix2247]

I edited my reply before I read yours. I guess I'll have to study the policies I have more. Thanks for all your help.