FMLA and Disability...HELP!!

AZHR · March 2004

I have an employee who doesn't qualify for FMLA because she was on Leave of Absence so long last year that she doesn't meet the hours worked requirement for FMLA. Therefore, she is not eligible for our new Leave of Absence Policy that mirrors FMLA eligibility requirements. The medical situation that kept her on leave for most of last year has re-surfaced and her doctor now wants to put her out on disability...BUT, she doesn't meet FMLA/our leave eligibility requirements, so our policy states we would terminate her employment, thus terminating her disability insurance. Did I read somewhere that you can't terminate disability coverage just because an employee doesn't meet FMLA eligibility? By the way, we've already considered ADA and accommodations.

Don D · March 2004

Unless I'm way off base, disability insurance is employer specific and is a benefit selected by the employer for it's employees. No state or federal law that I'm aware of controls it or addresses it. If I'm wrong, I'm willing to learn about it.

Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

POPEYE · March 2004

As Don D said, each disability program is plan specific. If we terminate someone on disability because of attendance or other policy, their disability coverage will continue until such time as physician certification proves otherwise.

lnelson · March 2004

On Short Term and Long Term DI doesn't it depend if it is a voluntary plan meaning the ee pays the premium? If that is the case as long as the ee continues to make the payment the DI will be in effect.
Although you can only enroll into a DI plan through an er.

Please correct me if I am wrong on this.

Lisa

Pearce · March 2004

All of the disability policies I have worked with have provisions for recurrent disabilities. If an employee meets part of the elimination period and then returns to work for less than a specified period of time (my policies have almost all had a 6 month return to work provision) the second period of absence is added to the previous and counts toward the specified elimination period. This would be the same recurring disability and not one with a different cause.

If the employee begins disability while in your employ, then a termination prior to the end of the elimination period should not effect the person's claim.

Read your policy language.

Whatever · March 2004

Laws change from state to state. When in doubt, file a claim and let the insurance company determine if there is coverage.

Carey · March 2004

It does depend on the state. Some states have mandatory disability (of course California is one of them) and voluntary plans must meet certain requirements to qualify in that state. If the disability began before the termination date, then the employee would still receive benefits (at least here). It is not our practice to terminate them then, but legally we could, and they would still receive benefits.

Your insurance provider should be able to answer your question.

Carey · March 2004

Apparently California, New York, New Jersey, Rhode Island, Hawaii and Puerto Rico have state mandated disability plans.

njjel · March 2004

In NJ employers either must provide the state disability or have a private plan.

FMLA and Disability...HELP!!

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