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LTD and termination of employment - Ohio Ohio

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  • LTD and termination of employment - Ohio Ohio

    My ex husband has Epilepsy and has been on medical leave since 5/1/07
    He has received STD and was just approved for LTD. His employer sent him a letter on Nov. 5 stating that his employment will be terminated unless he will return to work in 7 days. He is unable to return to work and has been going through a series of testing for brain surgery. We know nothing about what his rights are and if they can legally terminate him. The big question is what will happen about his LTD? Will he still receive it or will it be terminated as well? He has worked for the company for 3 years and paid into STD and LTD. Any info would be appreciated.

    Thank You

  • #2
    Originally posted by ama250 View Post
    My ex husband has Epilepsy and has been on medical leave since 5/1/07
    He has received STD and was just approved for LTD. His employer sent him a letter on Nov. 5 stating that his employment will be terminated unless he will return to work in 7 days. He is unable to return to work and has been going through a series of testing for brain surgery. We know nothing about what his rights are and if they can legally terminate him. The big question is what will happen about his LTD? Will he still receive it or will it be terminated as well? He has worked for the company for 3 years and paid into STD and LTD. Any info would be appreciated.

    Thank You
    If your ex-husband qualified for FMLA (12 weeks of job protected leave), it would be up by now. Therefore, his employer can terminate him for not being able to return to work.

    LTD is normally not dependent upon remaining with the employer & benefits should continue to be paid as long as he is medically unable to return to work. However, he might want to check the policy to be positive.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Thank You Betty for the quick response! I truly appreciate your time!

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      • #4
        You're very welcome.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          That's not what his employee handbook says

          I just wanted to update a few things that I discovered by reading his employee handbook. My ex is on a medical leave under a doctors care so according to his employee handbook he can be on medical leave for one year without being terminated. He can also keep his insurance benefits and pay the employee premiums. The EH divides the FMLA, medical leave and personal leave up into their own categories. If he were just on a personal leave or a leave for any other reason than for a disability that does not allow him to return to work, then he could be terminated but since he is under a doctors care and cannot return to work, he will not be terminated for a year. Even after the year if he is not ready to go back to work he can request a reasonable accommodation to extend the medical leave. That though, is up the the HR to approve.

          The HR department ( the new HR person through his company) has been calling his leave a personal leave but it is not since he is under a doctors care and cannot return to work yet.

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          • #6
            The employee handbook is not law.

            UNDER THE LAW they are not obligated to hold his job for longer than 12 weeks.

            He will have to take the handbook to an attorney in your state to see if it constitutes a binding contract.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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