cbg
I'm a Northern Girl
You locked your thread so that no one could answer it.
STD benefits do not provide any kind of job protection under the law. Ever. What provides job protection is FMLA, which may or may not run concurrently with the STD benefits. (STD is not leave - it is how you get paid while you are on leave.)
FMLA applies if ALL of the following are true:
1.) The employee has worked for this employer for no less than 12 months.
2.) The employer has no less than 50 employees within 75 miles of the affected employee's location
3.) In the 12 months immediately preceding the leave, the employee worked no less than 1,250 hours for this employer
4.) The employee or a qualified beneficiary has a serious health condition as defined by the FMLA statute
If even one of the four criteria above is not true, FMLA does not apply.
If FMLA applies, the employee is entitled to up to 12 weeks of medical leave with the job protected. However, the employee is still responsible for adhering to call in procedures as defined by company policy; also for providing medical documentation supporting the need for leave as requested by the employer (certain limits apply). Also, while the employee cannot be fired FOR taking FMLA, the employee can be fired for reasons unrelated to the FMLA. The protection is not absolute - if the employee would have been fired regardless of whether he took FMLA or not, then he can be fired even while on FMLA.
During the time the employee is on protected leave, the employer is required to leave the health insurance in place. The employee is still responsible for paying whatever portion of the premium they would have paid if they were actively at work. If FMLA does not apply, or if FMLA expires, the employer has no further legal obligation to continue the health insurance. Whether they will or not is up to the employer; some will and some won't. If they do not, the employee will be eligible for COBRA, which allows the employee to continue the health insurance at their own expense.
STD benefits do not provide any kind of job protection under the law. Ever. What provides job protection is FMLA, which may or may not run concurrently with the STD benefits. (STD is not leave - it is how you get paid while you are on leave.)
FMLA applies if ALL of the following are true:
1.) The employee has worked for this employer for no less than 12 months.
2.) The employer has no less than 50 employees within 75 miles of the affected employee's location
3.) In the 12 months immediately preceding the leave, the employee worked no less than 1,250 hours for this employer
4.) The employee or a qualified beneficiary has a serious health condition as defined by the FMLA statute
If even one of the four criteria above is not true, FMLA does not apply.
If FMLA applies, the employee is entitled to up to 12 weeks of medical leave with the job protected. However, the employee is still responsible for adhering to call in procedures as defined by company policy; also for providing medical documentation supporting the need for leave as requested by the employer (certain limits apply). Also, while the employee cannot be fired FOR taking FMLA, the employee can be fired for reasons unrelated to the FMLA. The protection is not absolute - if the employee would have been fired regardless of whether he took FMLA or not, then he can be fired even while on FMLA.
During the time the employee is on protected leave, the employer is required to leave the health insurance in place. The employee is still responsible for paying whatever portion of the premium they would have paid if they were actively at work. If FMLA does not apply, or if FMLA expires, the employer has no further legal obligation to continue the health insurance. Whether they will or not is up to the employer; some will and some won't. If they do not, the employee will be eligible for COBRA, which allows the employee to continue the health insurance at their own expense.