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  • Fired Before STD Over -Florida

    My friend is/was on STD. Her employer sent a letter advising that personal time off and FMLA would apply and after those run out she would be administrativly terminated. The letter said nothing about STD which she applied for. She is receiving STD payments and is paying her medical insurance premiums. The letter did not come certified as the DOL website stated it has to be if the employer applies FMLA towards the disability leave. The company policy is STD is 90 days and then she would have to apply for LTD. But she was terminated after 2 months. As far as I knew you could not be terminated while on STD. The STD company approved her STD so I am not sure how they could do this. Any help would be greatly appreciated. Thanks.

  • #2
    Yes you can be terminated while on STD as it is not a form of leave, only income replacement while on leave. The STD carrier does not make personnel decisions for the employer.

    Why was she terminated and how long was she out total?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Fired Before STD Over - Florida

      She has only been out 2 months and they only gave her the reason was because her FMLA and Personal Leave time has ended.

      Thanks for your help, I and her really appreciate it!

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      • #4
        FMLA is 12 weeks in a given year. If she was only out 2 months, either she must have taken another leave previously in the year, or FMLA didn't really apply and her employer only offers 2 months of leave.

        Did she work for an employer with at least 50 employees in a 75 mile radius, work at least 1250 hours in the past year and for at least one full year?
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          I was also terminated while applying for std, and ltd. Not enough hours for FMLA. I was told I can apply for LTD and if eligble continue my medical coverage(pay the premiums) for 18 months and take the LTD for 24 months. I guess after that, I would be on my own, without that benefit. In the meantime I have applied for social security in the event I am unable to return to work after my surgery. That way I have a claim started. Am unsure if your company and state are different from mine. I called the LTD insurance company myself, as my employer would/will not answer any questions for me. Good luck.. Kris

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          • #6
            Krissee, that is up to your company and your LTD policy. It is not law.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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