okay to term even if eligible for STD?

hr traci

We have an employee who just passed 90 day eligibility for short term disability, but is requesting medical leave of 1-2 months. Not eligible for FMLA since under 1 year of service, but STD policy (company-administered and funded)says she could remain on STD until LTD kicks in after 180 days. OOPS - we no longer have LTD coverage.

Employee suggested being put on unpaid leave, and she would keep paying her portion of health premium while out. Our co. policy on unpaid leave says ee needs 1 yr of svc to be eligible though. Since we don't have to hold her position (although I doubt we would replace her) or pay her benefits under FMLA....I am considering end her employment, offer COBRA, tell her to reapply when dr. gives the all clear.

Am I putting us at risk for not offering STD as an option?

Also, how much documentation from Dr. should I require before finalizing the decision?

Don D

I think you're ok with your analysis. I tend to think of STD and LTD as safety nets that apply to pay only. They do not ensure job retention unless your policy guarantees that or a union contract addresses it. In other words, if you have a policy that does ensure their job and does allow them to be off work, then the payment programs such as STD come in in tandem with that in order for them to be paid.

marc

Don D has expressed a good way to look at it.

And by the way, if you put someone on leave, they are then still an employee and counting time towards the one year FMLA requirement, assuming they have crossed the 1250 hour threshhold.

Also, allowing an EE to go on leave before the one year, may set a precedent that effectivley shortens your one year requirement.

hr traci

thanks for your input & validation, Don & Mark. We ended up still allowing her to take disability leave, with limits, after discussing the risks with our attorney. Obviously, our STD policy has been rewritten also, with 1 yr eligibility to match FMLA eligibility, and limiting the max to 13 weeks since we don't currently have LTD coverage to pick up afterward.