Disability vs Sick Time

[dougmc]

What is the name of your state? Arkansas

This past August, I was diagnosed with colon cancer and had surgery to remove it. This required me to take two months off of work to recoup. My employer had disability insurance that begins after I've been off for 30 days, but instead of utilizing this insurance, they took all of my sick time away and even ran me "in the red" on it for the next two years. Now, for the next two years, if I am sick, I don't get paid. Is this legal? Can I go back and get my disability insurance?

Thanks for taking the time to read!

 

[pattytx]

Did you file a DI claim? If you get benefits from the DI coverage, then you need to talk to your Human Resources/Benefits representative about "buying back" some of your sick time. This will show that you are not trying to "double dip". Generally speaking, however, it is not illegal for the employer to apply your sick time benefit to your absence and even to advance you sick pay against future entitlements. Dumb, perhaps, but not illegal.

 

[dougmc]

I didn't file a claim. When I was making the arrangements to be off work, it was implied that it would automatically take effect after 30 days. Dumb on my part, I know, but I had other things on my mind. The advantage to using sick time was that I received full pay. DI only pays at 66.6%. Sick time wasn't all they took either, I lost my vacation and personal time. I understand that's not out of the question, but I wasn't asked.

 

[cbg]

I cannot conceive of a disability plan that kicks in automatically without your being required to file a claim. For one thing, disability plans require medical information to be completed by your doctor. If you don't file a claim, they can't get that medical information and they ARE entitled to it before paying any disability benefits.

Nothing in your post suggests that your employer violated any laws.