Lroyer1

[lroyer1]

Can employer deny usins short term disability

What is the name of your state?Indiana
I have been employed with my company for only 4 months. I have finished my 90 probation period and received my insc benefits. I went for a routine checkup and the doctor found something , sent me for a Ct etc. and I was told I need surgery to remove a tumor on my ovary. My employer said that since I had not been employed for a year I was not entitled to time off for this. I pay insc and disability insc every week. They say I do not qualify for FMLA- I am not asking for FMLA- only to have my surgery and collect the disability benefits I am entitled to. Is it legal for them to deny me the time off to have my surgery? SO I have to pay for my disability insc for a year before I am eligible to use it? They may fire me over this- it is the way they operate. Would I have any rights if they were to do that?

 

[pattytx]

Since you have not been employed long enough to qualify for FMLA, the employer has no legal obligation to hold your job for you. However, if you really want to stay with this employer, ask them if you can reapply when you are released to return to work. I take it that you have STD benefits through the employer?

 

[lroyer1]

lroyer 1

Indiana- Yes my STD is through the employer- so I can't just go out on a medical leave even though I haven't been there a year? I have to use a FMLA leave along with my benefits? I thought FMLA was only when you wanted an unpaid leave not when you are using your STD. Am I mistaken?

 

[pattytx]

It all depends on the STD plan rules, but the employer does not have to offer you a leave of absence, since you do not yet qualify for FMLA leave. You should contact your Benefits representative or the STD provider and inquire as to filing for STD benefits, irrespective of your employment status. And, even if you had qualified for an FMLA leave, it could run concurrently with your STD.

 

[Beth3]

it legal for them to deny me the time off to have my surgery? Yes. Since you have not yet worked there for a year, you are not eligible for FMLA and they do not have to extend any leave time to you.

SO I have to pay for my disability insc for a year before I am eligible to use it? No. Disability insurance is an entirely separate matter from whether you are eligible for any leave time. I know this is going to sound goofy but I expect you will be eligible for disability income benefits while you are recovering from surgery but not any leave time.

They may fire me over this- it is the way they operate. Would I have any rights if they were to do that? No. Firing you would be legal.

You need to check with your benefits person at work but if they do terminate your employment (rather than extend leave), you will very likely still be eligible to receive disability income benefits for the period of time you are disabled due to the surgery, even if your employment has been terminated as long as you work up until the date of your surgery.

 

[lroyer1]

Indiana
Now they have made me an offer- they will terminate me after I use all my points which will take 2 1/2 weeks. After I am released from the doctor they will rehire me at full wages and insc the day I walk thru the door. Seems kind of silly to even terminate me. Now the question is - will my insc and disability still cover me-since it started before my termination, or will I have to pay for COBRA for the month I am terminated?

 

[cbg]

That will depend entirely on what your plan says. No law says they have to continue to cover you after your employment is terminated regardless of medical condition; no law prohibits them from doing so.

 

[DownNotOut]

I Thought you were me!

Your story is mine, EXACTLY! Same thing after working for Neiman Marcus for 4 months. Just a word of advice, it is now 18 months later with me, I have been on COBRA and yesterday I was denied my 11 month extension (I am still on disability) because I didn't send them a copy of my awards letter way back when. Didn't know I needed to, didn't know I would still be ill, didn't know I'd need the extension, but because of that small detail I am being denied continued COBRA coverage and looking at unpayable health insurance bills due to my cancer and epilepsy. They won't accept that piece of paper now. I didn't even know I was to send it to them 18 months ago, watch your back, you never know what the future holds and they're always out to screw ya!

 

[cbg]

It's not a question of them trying to "screw" you. It's a question of what the law says. The law is very specific about what has to happen for you to be eligible for an extension. If you did not make the application when it was due, that's the ballgame.