FMLA with STD?

[wingsy]

I live in Maryland and work in Washington, DC.

I had surgery on January 23, 2009 and was out for 6 weeks following surgery, which was paid under a short term disability claim. 4 1/2 weeks ago, I got sick. I had the flu, then mono, now shingles, and a tentative diagnosis of CFIDS. After nearly 5 weeks, I still have a fever and orders from my doctor not to return to work until my fever is gone.

I am currently under FMLA. Was my 6 weeks of STD earlier this year also a FMLA claim? If so, does that mean that I must return to work at 6 weeks whether my doctor clears me to return or not, or risk losing my job? My boyfriend contacted someone who said that I should apply for SSDI or SSI, but I'm not sure about that since I DO have a job, that I will hopefully be able to return to.

Thoughts? Advice?

 

[cbg]

STD is not leave. It is how you get paid while you are on leave. STD can and often does run concurrently with FMLA.

On the basis of the information we have available, it is not possible for us to say with certainty whether or not your previous medical leave was protected by FMLA or not. Nor do we know how your employer counts FMLA (there is more than one legal method). However, IF the previous leave was covered under FMLA, then when your combined leave time totals 12 weeks, your job is no longer protected. It does not mean that the law requires you to return to work regardless of your doctor's recommendation; it means that IF your employer chooses to terminate you for the extended absence, the termination is legal.

Applying for SSDI (which would most likely be denied under the circumstances) does not provide job protection. Even if by some chance you were approved, it would still not provide job protection. It is FMLA, not any form of disability benefits, that protects your job.