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Short-Term Disability and simply lost Kansas

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  • Short-Term Disability and simply lost Kansas

    If I am eligible to receive up to 26 weeks STD as a benefit provided for me by my employer then why when I apply for it, all of the sudden my head is on the chopping block? If my HR rep that allegedly is supposed to represent me (that is what she said) keeps filling my boss in on every little detail, is that wrong? If my HR rep notified my boss that my Dr. and I as well as her requested STD effective immediately( allowed within our plan) and the very same day my boss calls me and says "I know you requested STD today which I am also approving but your attendence for these days are a problem and mean self term".....would that not seem like I was being punished effective immediately for applying for a "benefit" that they offer?

    That is my base question but there are sooooooooo many details that I have left out because another poster said my post was too long? Anyhow, I was shy 109hrs to qualify for FMLA so HR said I would qualify and use my STD benefit. Since applying for the benefit, the above has happened. Thank you for any opinions.

  • #2
    Duplicate post

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    • #3
      STD benefits do not provide job protection. The amount of STD time you are eligible for in no way correlates to the amount of time your employer is required to give you off. The maximum amount of time, even with FMLA, that your employer is required to provide is 12 weeks. If FMLA does not apply then they are not required by law to approve any, regardless of what STD benefits you might be eligible for. (STD is not leave; it is how you get paid while you are on leave.) FMLA eligibility is set by Federal law, not by your employer; if you do not have the requisite hours you can have as much leave as the employer is willing to give you but it does NOT come with FMLA protections.
      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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      • #4
        Understood (sort of)

        First, I appologize for the duplicate post but as mentioned, I am new here and obviously posted in the wrong place/forum. I guess I am missing something here. I understand the whole difference between STD and FMLA. My employer does NOT grant me or deny me that benefit. They simply make it an option after 6 months completion of work. An outside company that they use (which I will not name) is whom either grants or denies my claim. In fact, I was advised by that company to not even dicuss this leave with my employer aside from speaking with my HR rep requesting the initial leave. I guess the backwards way things work in terms with STD are as followed: The employer puts STD in the benefits packet. You work your 6 months then are eligible to request the leave via HR and the outside company. The outside company grants the leave to the employee and HR complies. However, my boss and company are charging me attendance points for each worked shift I miss while on this STD leave......Is that correct?

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        • #5
          Originally posted by HRinMA View Post
          Duplicate post
          Agree - also posted yesterday under Ks. labor laws. (It also has replies)
          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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          • #6
            Also ref. http://www.laborlawtalk.com/showthread.php?t=279506.
            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.

            Comment


            • #7
              Whether it is "correct" or not is a matter of subjective opinion. It is legal. Some employers will; some will not. As long as FMLA is not involved, it is legal for them to hold the absence against you even if you are collecting disability benefits.
              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


              • #8
                Agree, only FMLA offers job protection.
                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.

                Comment

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