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Harassment during FMLA

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B

beaches

Guest
What is the name of your state? NJ
I have been on state short term disability since the end of July. Since August my employer HR dept has been harassing me to enter a form for long term disability. Time and time again I told them it was short term disability and my Dr. expected a total recovery on or before the 12 weeks of family leave was up.
I had surgery the beginning of Sept and once again the HR dept called me the day before my surgery.upsetting me to the point of almost calling off the surgery.
They never explained there intentions with this LTD, only stating that they wanted to file back in Aug. because it took 90 days.
Complications have set in since my surgery and it turns out I will not be able to return to work as expected.
As of last week, they told me that when they enter this LTD form they have to use the termination code in their system. Since they have been requesting the return of this form since August they would have filed it then and they would have "terminated" me in their system. I have dated requests of this form.
I told them last week that if my Dr. had filled this out it would have been fraud since he expected a full timely recovery.
I would like to know if I could have a case and if so what it would entail?
 


Beth3

Senior Member
No, it's not harassment. I don't quite understand why they were repeatedly insisting you complete the LTD unless they were trying to help you out - that is, should you have been unable to return within the 12 weeks as you and your doctor thought, you wouldn't have any gap in disability benefits once your STD was exhausted. Turns out they were correct.

What I really don't understand is what filing for LTD benefits has to do with terminating your employment if that's what "terminated in their system" means. Maybe it's just a limitation in their software - I've run into some funky stuff in HR/benefit software that requires you to enter some goofy data that has nothing to do with the employer's actual practices.

Whatever policy the employer has on the maximum length of leave time (which must be at least 12 weeks for FMLA situations) would be independent of an employee's eligibility for STD or LTD. Certainly it's not something the LTD carrier would require. All they'd care about is whether the waiting period had been satisfied and whether your medical condition met the definition of "disability" under the plan.

If they've allowed you at least 12 weeks of FMLA to which you were entitled and provided you the benefits due you under your employer's benefit plans, you have no basis for any legal action.
 

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