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NJsalesrep
10-10-2006, 07:17 AM
Looking for some answers here.

Background: I work full time for a Fortune 500 company as a sales rep. My company just announced plans for a massive downsizing of the sales force, to be implemented by the end of the year. I don't know for sure if I will be affected as of now but it doesn't look good. The company offers a very generous STD policy and I would be eligible for FMLA and NJFLA. I am 7 months pregnant.

Questions: if I can go out on STD due to some complication (sooner than later, i.e., before they announce who's getting the ax) will the company have to continue to pay the STD benefit even if my position is one that is eliminated? Or would the benefits terminate while I'm on leave?

I know you CAN be laid off while pregnant (pregnancy is a privilege, not a right!) but is there a degree of protection if I am on leave already? I understand that while on leave, I would continue to accrue tenure, pension, benefits, vacation, etc. plus the STD policy is far better than the severance package rumors that are flying around. Please advise. Thanks!

Pattymd
10-10-2006, 08:51 AM
STD benefits are not normally dependent upon your still being employed. If you qualify for benefits and are receiving them at the time your position is eliminated, you should still be able to continue receiving them. Since you mentioned NJ, I'm assuming you're talking about the state Disability program?
http://www.nj.gov/labor/tdi/tdiindex.html#

NJsalesrep
10-10-2006, 11:02 AM
No. My company offers very good private STD coverage via a third party provider. Under the plan, I am entitled to 26 weeks of full pay. Question is: if they lay me off while I'm on leave, will I still get that benefit? As you can imagine, the STD leave would be far better than the standard severance package they will likely offer (possibly 6 weeks). Plus unlike severance, on STD, I would still have full coverage of my health insurance. Finally, if I get notice that I am slated for downsizing but have not taken leave yet, can I still take leave (if my doctor approves) and not lose the benefit.

cbg
10-10-2006, 11:31 AM
We understand what your question is. However, we cannot give you a carved in stone answer as to whether benefits will continue after layoff because the answer is determined by the specific policy, not by law. ONLY someone who has read the STD policy can give you a definite answer.

However, in 25 years of administering employer sponsored benefit plans, I have never seen and only once heard of a policy where benefits were shut off if employment was terminated. The VERY strong likelihood is that they would continue even after layoff, as long as your medical condition meets the definition of eligible under the plan.

You will have to speak to someone in your HR office for a final answer.

NJsalesrep
10-10-2006, 12:53 PM
Thanks. I guess I will have to resort to contacting HR. Hopefully I can find out the answer to this anonymously...

NJsalesrep
10-30-2006, 06:03 AM
OP here. So I've got the answer: it doesn't matter if I go out on STD before or after the layoff announcement. If I am selected for layoff, as long as I am out on leave before my final date of employment, I will be covered under STD throught the pregnancy, delivery and 6-8 weeks after. Thanks for the advice.

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