On STD and FMLA laid off? Colorado

[limbwalker]

Colorado

I am currently on the FMLA 12 weeks off due to an non-work injury.
Also on STD for up to 26 weeks.

My question is this.....

We work for a local utility under contract and there is some talk of loosing
our contract next year to a lower bidder. My 12 weeks ends 01/23 but others
still at work would be laid off 12/31. Can I be also laid off or am I safe due to
FMLA? We have other contracts locally if that has any bearing.


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

 

[ecmst12]

If you would have been laid off if NOT on FMLA, you can be laid off while on it. You can't be laid off BECAUSE you are on FMLA, but if they are cutting people based on seniority or some other objective means and you would be on the list, you don't have any special protection because you are on leave.

 

[cbg]

And just to be clear, STD does not provide any job protection. Only FMLA does, and FMLA's protection is limited. You cannot be selected for layoff BECAUSE you are on FMLA. That's about it. The fact that you were coincidentally on FMLA at a time when layoffs came around and you were on the list, does not mean that you get to keep your job and someone else, who would have kept their job had you not been on FMLA, loses theirs.

 

[commentator]

And go ahead and sign up for your unemployment insurance as soon as you are laid off, even though you will not be able to begin to draw it until you are fully released by your doctor as able and available to work again. Very common happening when businesses are closing, major cutbacks, there will usually be a person or two who is on FMLA. As they said, not laid off because of this, but because there is a lay off in general that would have affected you anyway.