Want to move - are we still eligible for FMLA/short term disability?

[KimmyG79]

What is the name of your state? Florida

My husband has been out for about a month on short term disability, and is covered under FMLA. His company also pays a percentage of his salary, and continues his benefits until 26 weeks is up, or unless he quits and takes another job.

Due to his illness, we already know he will not be able to return to work. We have decided to move back to his home state of Indiana for help with his long term care. My question is, if we move out of state before the 26 weeks is up, will he still be protected under FMLA and his short term disability, or will he be considered 'quitting' and therefore lose the salary and benefits he is currently receiving? I'm sure I can get a letter from his dr. stating that moving the best course of action, since he has already told us this.

Thanks for your help!

 

[sandyclaus]

What is the name of your state? Florida

My husband has been out for about a month on short term disability, and is covered under FMLA. His company also pays a percentage of his salary, and continues his benefits until 26 weeks is up, or unless he quits and takes another job.

Due to his illness, we already know he will not be able to return to work. We have decided to move back to his home state of Indiana for help with his long term care. My question is, if we move out of state before the 26 weeks is up, will he still be protected under FMLA and his short term disability, or will he be considered 'quitting' and therefore lose the salary and benefits he is currently receiving? I'm sure I can get a letter from his dr. stating that moving the best course of action, since he has already told us this.

Thanks for your help!

I'm thinking that if he intentionally makes himself unavailable to return to this job (by way of moving far, far away, so that the job is no longer even reachable for him, except maybe by transporter beam ), that could definitely impact his FMLA claim.

What exactly does moving to his home state have to do with helping his long term care? Is there no care for him available right where you are now? Or - let me guess - is there another reason why you have decided to move him back home?

 

[cbg]

FMLA is by statute unpaid leave, and lasts for no longer than 12 weeks. Once 12 weeks have expired, he is no longer covered by FMLA. He is also no longer covered by FMLA if he voluntarily gives notice. Whether he is eligible for any pay or benefits beyond that time is up to the employer's policies, since the last 14 of the 26 weeks you reference, and all of the pay, are provided by employer policy and not by law.

I'm not sure how he is receiving STD benefits while he is also receiving pay, but the answer to whether his STD benefits will continue is also determined by the STD policy. The odds favor the STD benefits continuing, but only someone who has read the STD policy can say for certain. Indiana is one of the 45 states where STD benefits are optional and not state-mandated, so it's not a legal question but a policy/contract question.

 

[sandyclaus]

FMLA is by statute unpaid leave, and lasts for no longer than 12 weeks. Once 12 weeks have expired, he is no longer covered by FMLA. He is also no longer covered by FMLA if he voluntarily gives notice. Whether he is eligible for any pay or benefits beyond that time is up to the employer's policies, since the last 14 of the 26 weeks you reference, and all of the pay, are provided by employer policy and not by law.

I'm not sure how he is receiving STD benefits while he is also receiving pay, but the answer to whether his STD benefits will continue is also determined by the STD policy. The odds favor the STD benefits continuing, but only someone who has read the STD policy can say for certain. Indiana is one of the 45 states where STD benefits are optional and not state-mandated, so it's not a legal question but a policy/contract question.

Ahhh... I was thinking that about FMLA being a 12-week window thing, but it escaped me.

As for the STD benefits while also receiving pay, I have heard of some company-sponsored STD benefits that replace actual state disability insurance benefits, some of which pay a portion of the employee's pay and has the company make up some or all of the difference.

That would be all employer-sponsored benefits, so I would also agree that one would need to review the benefits policy to see how moving away or being unavailable to return to work might affect the husband's continued eligibility to receive those benefits under the circumstances.

 

[justalayman]

Indiana is one of the 45 states where STD benefits are optional and not state-mandated, so it's not a legal question but a policy/contract question.

but the business and the location of the employment is in Florida. Wouldn't the laws of Florida apply to the STD situation?

 

[KimmyG79]

As for the STD benefits while also receiving pay, I have heard of some company-sponsored STD benefits that replace actual state disability insurance benefits, some of which pay a portion of the employee's pay and has the company make up some or all of the difference.

That would be all employer-sponsored benefits, so I would also agree that one would need to review the benefits policy to see how moving away or being unavailable to return to work might affect the husband's continued eligibility to receive those benefits under the circumstances.

This is an employee-sponsored STD, not state-sponsored. The handbook says if the employee quits, or elects not to return to work at the end of the stated time period, then the employee has to pay back the insurance premium payed out during the time he was out. However, if he is proven to have a long term disability, he is not required to pay it back.

As to the reason of wanting to move back to his home state...he was diagnosed with a mental illness which required hospitalization. That was a year ago, and also about 4 months after we had moved to Florida. He continues to have a very slow recovery, and I can no longer care for him on my own. He tried to go back to work (which is why he was eligible for the short term disability), but he could not handle it. I need his families' help to care for him, as we have small kids, and I will need to find full time work once his benefits run out.

 

[cbg]

Doesn't matter. Neither Florida nor Indiana have state disability benefits, unless of course you happen to work for the state.