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STD and return to work in Houston, Texas

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  • STD and return to work in Houston, Texas

    October, 2010 I went on STD from my job due to a a medical situation. My FMLA has run out. My STD is still in place. My position has been filled. As of now I am released to return to work on a part time basis on February 15, 2011. There are no positions open at the company that I worked for. Once the 15th comes around, will I be considered layed off or fired? My STD does not run out until April 26, 2011. Does the company still have to pay me under STD until that time? What are the laws with applying for another job at another company?

    I'm really lost as to what my rights are. Any advice would be greatly appreciated. I have tried to hire an attorney to help me with some of the issues that I have been presented during my STD but no one seems to want to even meet with me to discuss my situations.

    Lost and in need of direction in Houston

  • #2
    We have no idea how your company will characterize your termination. By definition, a "lay off" generally implies recall at some point when business picks back up. If that is not their plan, they will likely fire you. They could have done that immediately upon your 12 weeks of FMLA having been exhausted.

    As long as you remain partially disabled, you should receive at least partial STD benefits. Check the plan document. If you don't have one, ask HR or the insurance company.

    You can certainly apply for part-time jobs at the time you are released for part-time work, and you should. There are no "laws" in this matter to consider.

    Having said all this, once you are released to work, you should be able to collect unemployment benefits if you have the requisite wages in the benefit year. A UI claim filed by March 31 will look at wages earned between Oct 2009 and Sept 2010. However, generally speaking, you cannot collect unemployment and STD benefits at the same time.
    Last edited by Pattymd; 02-07-2011, 03:19 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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