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Confused about FMLA & STD

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  • Confused about FMLA & STD

    I had to go on leave due to my own serious medical condition. I thought I was out on STD leave, but after reading several answers from experts, I take it that STD is how I get paid while on leave... not the type of Leave I am on.

    Ok, but then what kind of leave am I on? Am I on FMLA? I've read posts from women on maternity leave, who resigned before returning to work, and some of those women were compelled to repay their employer for the cost of their medical insurance while they were on leave. That made me concerned. But I read some posts that say that it is extremely unlikely that a disabled employee who resigned would have to repay the money received from STD.

    http://www.laborlawtalk.com/showthread.php?t=275934

  • #2
    Answered already
    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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    • #3
      But I'll bite, because I'm bored today, even though we've answered this question eighty-twelve times.

      FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

      for the birth and care of the newborn child of an employee;
      for placement with the employee of a child for adoption or foster care;
      to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
      to take medical leave when the employee is unable to work because of a serious health condition.
      Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.
      http://www.dol.gov/dol/topic/benefits-leave/fmla.htm
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        I'll even attach the link - and, btw, this is the second time today I've answered this question for this poster.

        http://www.laborlawtalk.com/showthread.php?t=276659
        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.

        Comment

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