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  • WinterHawk
    started a topic STD Massachusetts

    STD Massachusetts

    I have been employed by the company since May23, 2011. I went out on emergency surgery on November 30, 2011. I notified the company within 2 business days of what had happened and when I was discharged from the hospital, approximately 1 week later. Two days after the discharge I was re-admitted because of a wound incission infection. After another one week stay in the hospital, I informed the company of my discharge from the hospital. I was told that I could continue my health care insurance and what to do as to making the payment to the company. I informed the company then that I would be out for a while because of the infection and also deleoping Deep Vein Thrombosis in one leg and they said to just call and update them with info. They also started the process for me for STD.
    On January 5,2012 I recieved a registered letter from the company stating that as of January 1,2012 that they would no longer be paying 60% of my insurance & that if I wanted to continue the insurance, I would now be responsible for 100% of the premiums. They also told me that I was not covered by the FMLA because I had not been there for 12 months.
    I am now going into my ninth week away from my job with the possibilty of being out more than 12 weeks because of the healing process. I have been totally up front with them as to my progress, but need to know:
    #1. Will I still have a job after 12 weeks, if my healing goes into LTD. Are they legally bound to hold a job for me. It is not a union position.
    #2. If not and after I have healed, am I eligible to collect un-employment insurance
    They stated in the registered letter that I had involuntarilly (no fault of mine because of the nature of the circumstances) left them but in a phone conversation they told me that I was still employed by them, not to worry.
    I need information as to where I stand on this.

  • Betty3
    replied
    However, the state still makes the final decision whether you qualify for benefits. The reason for your separation "shouldn't" keep you from qualifying.
    Last edited by Betty3; 01-26-2012, 11:54 AM.

    Leave a comment:


  • cbg
    replied
    Definitely apply, and as soon as possible in order to retain your highest-paying quarters. You will not be able to collect benefits until you are medically cleared to work, but there's no reason you shouldn't be able to after that.

    Leave a comment:


  • Betty3
    replied
    Agree, no "definite" answer - the state always makes the final decision as to whether you qualify. Definitely apply if you no longer have a job after you recover.

    Leave a comment:


  • HRinMA
    replied
    Originally posted by WinterHawk View Post
    So now I guess with this answer is, being an "involuntary" separation, will the state of Massachusetts decide that UI be granted in these circumstances. What is the law on this?
    There is no definite answer. I will say I have had employees who leave for medical reasons and once recovered collect unemployment.

    Leave a comment:


  • WinterHawk
    replied
    Ui

    Originally posted by Betty3 View Post
    You did not qualify for any job protected leave. STD/LTD do not protect your job. It's just pay while disabled.

    Once you are recovered & are willing, able & looking for work, you can file for UI (if you no longer have a job with your current employer). The state will decide if you qualify for benefits.

    I wish you a speedy recovery.
    So now I guess with this answer is, being an "involuntary" separation, will the state of Massachusetts decide that UI be granted in these circumstances. What is the law on this?

    Leave a comment:


  • Betty3
    replied
    Ok, then the above replies apply.

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  • WinterHawk
    replied
    Injury

    Originally posted by cbg View Post
    I have a question, and I am going somewhere specific with this.

    Was your injury in any way work related?
    My injury was not work related. I had emergency surgery.

    Leave a comment:


  • Betty3
    replied
    Oh, ok. No problem - you never know.

    Leave a comment:


  • cbg
    replied
    I agree that it doesn't sound like it's work related, but MA has a rather unique law that would help the poster, but would only apply in workers comp situations. So on the off-chance, I thought I'd ask.

    Leave a comment:


  • Betty3
    replied
    I don't see where the OP said they had an injury though they might have. They said they had a wound incision infection - a wound infection can be from a surgical incision for any type of surgery for any medical condition. OP also said notified employer within 2 business days of what happened so doesn't "sound like" happened at work. Sounds like an emergency situation came up that required surgery.

    The OP can let us know. (not completely clear)

    Leave a comment:


  • cbg
    replied
    I have a question, and I am going somewhere specific with this.

    Was your injury in any way work related?

    Leave a comment:


  • Beth3
    replied
    #1. Will I still have a job after 12 weeks, if my healing goes into LTD. Are they legally bound to hold a job for me. It is not a union position. As you don't qualify for FMLA, your employer wasn't legally bound to hold your job as of your first day of absence. It's nice that they extended a month of leave time to you.

    2. If not and after I have healed, am I eligible to collect un-employment insurance Assume you are otherwise qualified, yes.

    I recieved a registered letter from the company stating that as of January 1,2012 that they would no longer be paying 60% of my insurance & that if I wanted to continue the insurance, I would now be responsible for 100% of the premiums. So you haven't been terminated; it's just that your employer won't be paying for your health insurance any longer. Sounds like you should keep your employer apprised of your medical condition and anticipated return-to-work date in the hopes that they'll still have a job for you when you're released.

    Leave a comment:


  • Betty3
    replied
    You did not qualify for any job protected leave. STD/LTD do not protect your job. It's just pay while disabled.

    Once you are recovered & are willing, able & looking for work, you can file for UI (if you no longer have a job with your current employer). The state will decide if you qualify for benefits.

    I wish you a speedy recovery.

    Leave a comment:


  • ElleMD
    replied
    1. They have already been more generous than the law requires. LTD does not protect your job.
    2. If you are no longer employed when you are able to resume working, file for UI. It will be up to the state to determine eligibility.

    Leave a comment:

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