11-28-2005, 05:25 PM
:confused: I just started a job 4 months ago, I'm a part time employee and i just found out that I have Carpoltunnel and will need surgery. I've asked my employer 2 weeks ago for information on short term disability and they not gotten back to me. Can they denie be Short Term Disability or fire for my request to Short Term Disability?
Do you know for a fact that they have a STD policy at all? They are not required to by either Colorado or Federal law.
If they do have such a policy, they may deny you benefits if you are not eligible for them or if it does not cover carpel tunnel. If you are going to miss more time than they would allow for an employee who is not covered by FMLA (which you are not), yes, you can be fired.
11-30-2005, 06:40 PM
Thank you for Responding....I just got the policy for STD and my job does offer it & they consider me as a Mid partimer (working30 hrs a week) so i think im ok there, but what is cover Carpol Tunnel, do you mean covered by my insurance or theres? and do they alow me a certain amount of time to be out before they can fire me ?
12-01-2005, 03:13 AM
If you elected to participate in the plan (enrollment is not automatic), it all depends on what the plan document says.
If the plan document for the STD policy says that they will pay disability benefits when you are out of work because of carpel tunnel, the carpel tunnel is covered under the policy. If it says that they will not pay disability benefits when you are out of work because of carpel tunnel, then it is NOT covered under the policy. Simple as that.
If you qualify for FMLA (which at the moment you do NOT) then they have to allow you to be out 12 weeks before they can fire you. If you do not qualify for FMLA, then they can fire you as soon as you have been out for as long as company policy states.