FMLA w/ STD & LTD

JTenney

We have an employee who was out of work due to a serious illness from 5/8 - 6/4. During this time she was paid under our STD policy. She returned to work for about five weeks then went out again on 7/10. Once again she was paid under our STD policy. I did not realize that in order for me to also count this time toward her FMLA I has to notify her in writing therefore I could not start FMLA until 8/19. As of Oct 7th she will have used up her STD and will have to go onto our LTD coverage. We have heard from another employee that she plans to come back just before the end and then go back out. This would make her no longer eligible for LTD but STD (which is 90 days) would start over. Would we be within the law if after twelve weeks of leave we terminated her employment or would she now fall under ADA?

bsa

I think you need to determine if the serious illness has become a disability (a medical condition that significantly impairs one or more major life activities). You need to do this [u]before[/u] you make a decision to terminate. Also, is she out of FMLA? You don't want to be viewed as discriminating.