• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Job reduction and continuation of benefits

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ega1213

Junior Member
What is the name of your state? MA

I recently was informed that my job is being cut and I am presently out on LTD. My case has been approved by the insurance company and I receive a monthly benefit provided until age 65. My understanding was that I had 6 months to return to the job if possible and I could receive a job of comparable status. That date is 11/9 and my term date is 11/11. Since I am on LTD, will my job status with the company affect my LTD benefit? Why didn't they just leave me as "on leave" status? Also, my condition will not allow me to return to the company and it is my understanding that as a disabled person I can continue on COBRA if necessary for 29 months instead of the customary 18 months?
 


pattytx

Senior Member
That is not correct. Even under FMLA, assuming the company was subject and you were eligible and your illness/injury was FMLA-qualifying, the employer only has to protect your job for 12 weeks in the one-year period (either rolling year, anniversary year, or year since your last leave). Being on LTD does not protect your job and if you are not going to be able to return, putting you "on leave" isn't really justified. However, your LTD benefits should continue after termination. I'm not as familiar with the COBRA requirements as others here, so I'll leave that question to someone else.
 
Last edited:

acmb05

Senior Member
Yes you have

A longer period of time than the customary 18 months if you have disibility status. I'm not exactly sure how much longer I thought it was 2 years but 28 months sounds about right considering you have to be on disibility for 2 years before you are eligible for medicare.
 

cbg

I'm a Northern Girl
The law does not require your employer to hold your job for six months, and it does not require them to hold your job until your LTD benefits kick in. Your employer has done everything the law requires and more.

Only someone who has read your LTD plan document can give you a definite answer; however, based on 25 years of experience with employer sponsored benefits, the overwhelming likelihood is that your benefits will NOT be affected by your termination.

Whether you will be eligible for COBRA for 18 months or 29 will depend on factors not available to us; however, the link Patty provided should help answer that question.
 

ega1213

Junior Member
Job reduction and benefits

Thank you all for your responses. You confirmed what I thought I knew but wanted to hear from others that have a better understanding. The 6 month period is based on the company's HR policy which is generous.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top