FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

Edited with more direct questions:

-If I am unable to return to work after the 12-wks of FMLA is exhausted BECAUSE I AM STILL ON DISABILITY, can my employer terminate me?

Meaning, can you be terminated for being out on disability?

-And if I am terminated, would I be eligible for unemployment benefits? Or can you not get UE and disability at the same time?

TIA!

--------------------------------------------
HR People/Lawyers/BTDT peeps:

I am 20 weeks pregnant with twins. I will probably have to stop working between 24 and 28 weeks.

For the sake of this, let's say I give birth at 38 weeks. That means I'll be out 10-14 weeks BEFORE giving birth....then 6-8 wks after, for a total of anywhere from 16-22 weeks.

I'll have 4-5 weeks sick time plus 2 weeks vacation time to apply towards my leave.

QUESTIONS:
-The sick/vacation time runs concurrent with Short-term disability AND FMLA? (My employer does require us to use up any paid time off first).

-So, if I'm still receiving S/T disability longer than 12 weeks, is it still that the employer only has to hold my job for 12 weeks total?
(incl the period where I'd be using sick/vacation time)?

*--If they terminate me after the 12 weeks of FMLA (because I am unable to return to work because I'm still on disability), am I eligible for unemployment benefits?*

Thank you!



Disclaimers:
-I know with any pregnancy, esp a multiple pregnancy, that everything is unpredictable. Just trying to get a general sense here.

-I am asking on LIF because the "HR person" (I use the term very loosely) at my employer is notorious for giving wrong information.

-Please don't quote!
Also, feel free to FM. Thanks!

Message edited 6/6/2012 10:42:10 AM.

Re: FMLA/Disability/Unemployment Benefits question.

Does your company have more than 50 employees?

We have under 50 employees so the rules are a little different

Re: FMLA/Disability/Unemployment Benefits question.

Yes, i meet all of the typical FMLA requirements.

Re: FMLA/Disability/Unemployment Benefits question.

It depends on your company policy also.

I went out early (28 Weeks) and delivered at 37 weeks.

At my company the time from 28-37 weeks was short term disability. Then at the time of birth (37 weeks) I was on Maternity for 8 weeks (c section). I could then take an additional 4 weeks (FMLA). The FMLA and maternity run concurrently. The ST disability was completley separate.

If I wanted to get paid (the extra 4 would have been unpaid) I was able to use vacation/sick. But at no time was I required to use sick/vacation before any of the other kicked in.

As far as beign let go....if you use FMLA I think they hold a position for you.

But if you are let go yes you can collect unemployemnt because you were let go.

Re: FMLA/Disability/Unemployment Benefits question.

At my company they are only required to hold the position for 12 weeks. If they want to hold it longer they can. It includes whatever vacation or sick time I use. It's a crapshoot (basically if they are looking to get rid of someone this gives them an "out" so to speak)

Re: FMLA/Disability/Unemployment Benefits question.

You should always return to work after your FMLA is exhausted. If you don't, the company can claim job abandonment. If they terminate you (without cause, ie misconduct) after you've returned to work, then you are entitled to unemployment. Always file for unemployment. It's up to the company to fight it.

As for sick time/disability/FMLA, it depends on the company policy. Do you have a handbook? Some companies insist that sick time (which is generally paid) be used concurrent with FMLA (which is unpaid).More info: http://www.dol.gov/odep/pubs/fact/employ.htm

Re: FMLA/Disability/Unemployment Benefits question.

Re: FMLA/Disability/Unemployment Benefits question.

Re: FMLA/Disability/Unemployment Benefits question.

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

-If I am unable to return to work after the 12-wks of FMLA is exhausted BECAUSE I AM STILL ON DISABILITY, can my employer terminate me?


YES, hence the need to apply for FMLA in the 1st place. You are on "standard" disability for 6 wks if vaginal delivery or 8 weeks if you have a c-section. You can can get laid at any time while on disability. The FMLA covers that 6-8 weeks. Hence why women are usually covered during that disability. You can extended that period to 12 weeks and unpaid but still protected with FMLA. Once you are out of the FMLA time coverage there are no guarantees. That also includes disabilty prior to giving birth if you are not on FMLA.

Meaning, can you be terminated for being out on disability?

YES

-And if I am terminated, would I be eligible for unemployment benefits? Or can you not get UE and disability at the same time?

NO, I don't think you can combine both. You are either disable or you can work. Not both! So if you a disable you are unable to collect employement because you are not able to work anyway.

Message edited 6/6/2012 12:39:40 PM.

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

I"m a little confused, why would you still be disabled 12 weeks after you gave birth?

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

Also wanted to add that for many companies, you have to use a certain amount of your sick/vacation time before you will get paid by STD. So for me, the first 5 days I was out for STD, I had to use my paid time off.

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

FMLA is 12 weeks per calendar year. It does not matter how/when you take the 12 weeks.

For example, if you are on bedrest on disability, you are not protected if you don't have FMLA. If you want to use FMLA while on bedrest, you can but you will take away from the time on FMLA after birth.

It's 12 weeks regardless when you take it.

While not on FMLA you can get laid off. Even while on disability. You lay off day would be effective on your return date. You cannot be laid off while on disabilty but they don't have to hold your job for your return. Your job is only guaranteed if you are under FMLA.

Now, many companies don't lay off people, have their own maternity leave policies when it comes to pay, time off, allowing sick/vacation time to add to the time off you want.

But remember that only FMLA will rule over BS you might be told. Out of FMLA.... you are at the mercy of your company to keep you.

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)

STD and FMLA run concurrently. However, if you're receiving STD payments, your employer cannot require you to substitute/use your accrued paid time before receiving those disability payments. You and your employer can agree to use your accrued time to supplement your income if the STD payment is less than your full salary. If you do not want to do this, you don't have to though. You can hold onto your accrued sick/vacation time until the point at which you are no longer receiving STD benefits.

Since STD and FMLA usually run concurrently, you only have protection through FMLA for the first 12 weeks of leave. However, an employer must treat you the same as other employees. If other employees have job protection while on STD and have not been terminated, you must be afforded the same protection.

If you are terminated and are still disabled, you wouldn't be eligible for unemployment benefits. To be eligible for unemployment, you must certify that you are ready, willing and able to work. If you're disabled and receiving STD benefits, you are not able to work.

Re: FMLA/Disability/Unemployment Benefits questions (edited w/more direct questions)