posted
My doctor is encouraging me to take short-term disability and I work in New York State. I was told that if I take short-term disability before working at my job for 1 year, they have the right to terminate me. Does anyone know if this is true????
Posts: 37 | From NJ | Registered: Nov 2013
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A great resource for you would be your company's Employee Relation's Department.
Good Luck, TheWino
-------------------- Wrinkles only go where the smiles have been --J. Buffett
All of my replies should not be taken as medical advice as they are my opinions only and I am not a physician. Posts: 55 | From Florida | Registered: Oct 2012
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Keebler
Honored Contributor (25K+ posts)
Member # 12673
posted
- You might look at your company's policies privately. Read your contract, etc.
BEFORE taking to ANYONE at your company's HR dept., I would call an attorney who specialized in ADA (Americans with Disabilities Law).
You need to know the law, then your company policies, then start a conversation but be sure you are as legally protected as possible before full disclosure is made.
And, you may need to first "formally" file as a person with a disability in order to be covered under the ADA.
If you can't afford legal counsel, start with a clinic at a law school in your area . . . or call your state BAR ASSOCIATION for for guidance as to how to find the answers, specific websites, etc. -
Posts: 48021 | From Tree House | Registered: Jul 2007
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Dogsandcats
Frequent Contributor (1K+ posts)
Member # 28544
posted
New York is an "at will" state. That means they can fire you at will. Usually employers don't like to fire people on leave unless they have to fill the position to keep the workplace going.
If you are a good employee they usually will try to work with you when you return. Have other people taken leaves and returned who were not protected by FMLA? (see below). It also depends on how many people are employed with your employer.
Your employee manual should state policies, sick leaves, disability, etc.
The FMLA law is the federal law that protects persons on a medical leave after they have been employed with the current employer for one year.
SO many things to consider - sorry if I overloaded you. If you have an employee relations person, that would be a good start (after you read your employee manual !!)
Take care -
-------------------- God will prepare everything for our perfect happiness in heaven, and if it takes my dog being there, I believe he'll be there.
Billy Graham Posts: 1967 | From California | Registered: Oct 2010
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posted
Thanks dogsandcats. I read my emoter policy. It says that I'm entitled to short term disability but does not state anything about possible termination. I'm hesitant to talk with HR about this right now...they already don't understand chronic lyme or why I'm so sick!
Posts: 37 | From NJ | Registered: Nov 2013
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Dogsandcats
Frequent Contributor (1K+ posts)
Member # 28544
posted
Back in my day our policy stated your were allowed to take the leave, but the job was not guaranteed. Again meaning, if we needed the staffing.
There is no reason to discuss your particular illness with HR, but I understand your hesitancy. I worked for a business that had a family atmosphere and the employees were treated as such.
You will know when the time comes and if you need to take a leave.
I worked way too long - for my own reasons - and it did slow down my progress. Just a thought to add to your already difficult decision. LOL
-------------------- God will prepare everything for our perfect happiness in heaven, and if it takes my dog being there, I believe he'll be there.
Billy Graham Posts: 1967 | From California | Registered: Oct 2010
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quote: I read my emoter policy. It says that I'm entitled to short term disability but does not state anything about possible termination.
Your manual doesn't say how long you have to be employed before you are eligible for STD?
Posts: 832 | From Somewhere | Registered: Nov 2010
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posted
I'm sorry...typo. Not emoter. Meant employee! I'm eligible for STD now but not covered under FMLA until 1 year of employment (family medical leave act) so it's confusing. I'm not sure if I can get STD if they terminate me (because I don't have job security under FMLA). I hope I'm making sense!
Posts: 37 | From NJ | Registered: Nov 2013
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posted
It's true. You don't have legal protection until you qualify for FMLA.
Your relationship with your employer plays a big role in this.
In 2006 I had to go on STD (epilepsy, had seizures at work) but didn't yet qualify for FMLA. My employer made it clear my job was safe and accommodated my driving restrictions when I returned. They were under no obligation to do so.
But.....in 2012, after fighting Lyme for 2 years I crashed hard and had to get a PICC and go on FMLA. They terminated me while on FMLA. I had to get a lawyer, it got ugly, but I got my job back.
The good news is that once you're on STD/LTD they can't cancel it if they terminate you. You're on it until a doctor clears you to return to work. Not the ideal situation, I know, but amounts to a certain level of protection anyway.
That was my experience though, I'm no lawyer. Research all your options so you know where you stand.
I wish you the best of luck. You're not alone. Many of us are in the same boat.
Posts: 99 | From Cali | Registered: Dec 2011
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posted
Thank you Southpaw. Sorry you had to go through a legal battle. So are you saying that if my job allows me to go on STD, BEFORE I'm eligible for FMLA, that they cannot terminate my STD coverage?
Posts: 37 | From NJ | Registered: Nov 2013
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I was on STD, then LTD, for a total of nine months despite being terminated after 90 days.
My STD claim was discontinued at 90 days when I was cleared to return to work. The insurance company agreed to reopen the claim after I was terminated, based on my "former" employers refusal to accommodate a temporary restriction because of my PICC. (Under FMLA they were required to accommodate that restriction).
It was a long drawn out fight. HR couldn't keep track of their own lies and it backfired on them. The only reason I wanted to go back at that point was to close the nine month gap I'd have in my resume. They were required to bridge all my lost time.
Posts: 99 | From Cali | Registered: Dec 2011
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