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Hers's an example; can you tell me my rights & my employers under FMLA:

Hers's what I can tell you to help make your ruling:

1.) I have I/A (industrial accident) Injury while in the performance of my duties, or injury while on the clock.

2.) STD: 6 months paid leave 100%. Injury off duty

3.) LTD: Coverage after STD

Ex: I am in a car accident, off duty, and break my arm. I am on STD. After 3 months my employer says you are now going on the FMLA. I insist that I still have 3 months of STD, at 100% pay, in my contract. FMLA will pay me $0.00. My argument is that I still have coverage under STD and that I did not request the FMLA to care for someone other than myself.

I must then accept their decision ? This is basically what they are saying & attempting.


Senior Member
Jack - your example is a bad one because if you are injured at work, your employer's worker's comp carrier must pay for medical bills and lost time, not the STD/LTD plans.

I've explained everything to you I possibly can about the situation with the information you've provided. The thing that is absolutely needed is to read the language in the STD and LTD insurance booklets or plan documents to see what benefits you are entitled to.

I disagree with your employer's decision that STD benefits can be cut off after 3 months - whether they put you on FMLA or not. FMLA IS NOT THE ISSUE. The issue is what disability benefits you are entitled to under the provisions of the plan if you remain disabled and unable to work.

I believe I told you two posts ago you need to get your hands on that material. It is still what you need to do. Got it?

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