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Teacher - Disabled - How to qualify for Long Term Disability Indiana

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  • Teacher - Disabled - How to qualify for Long Term Disability Indiana

    I am a teacher in Indiana, with a chronic condition, my doctor has termed me disabled as of June 15, 2011. Since school is not in session my 90 days can't start until school begins in August. I have 40+ days of FMLA left but no sick or vacation. When do I tell my employer that I am permanently disabled an unable to return to my position? Can they deny my long term disability if I don't have enough unpaid time to cover the 90 days? Please help, I need to know what to do. Thanks

  • #2
    Does your employer offer a long term disabilty policy? If so, what does it say?

    This is less a matter of law than it is a matter of what your disabilty policy says.
    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
      When do I tell my employer that I am permanently disabled an unable to return to my position? That's up to you but if I were your employer, I'd certainly want to know ASAP so I could make plans to replace you. The school year starts in just a few weeks.

      Can they deny my long term disability if I don't have enough unpaid time to cover the 90 days? Highly unlikely. Every LTD plan I've ever seen only requires that the individual be employed (and covered under the Plan) at the time he or she becomes disabled. If there's a 90 day waiting period until LTD benefits begin, whether those 90 days are paid or not is irrelevant.

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      • #4
        Please do your HR Department and Principal a favor and let them know NOW that you will not be returning at the start of the year and possibly ever.

        FMLA would start the first day you are scheduled to work and runs for 12 weeks. The time during the summer when you are not scheduled to work does not count. FMLA is unpaid though if you have paid leave available, you could use that at the same time.

        It isn't clear if you are asking about a formal LTD policy (not typical in schools) or a disability retirement offered through the state (assuming you are a public school employee and otherwise eligible) or an internal practice of some kind. Regardless, you need to speak with your HR Department about your options.
        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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