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FMLA VS Short Term Disability Illinois

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  • FMLA VS Short Term Disability Illinois

    I live in the state of Illinois and work for an local hospital. In November of 2007 (a week before Thanksgivingto be exact) I was diagnosed with breast cancer and work up until December 11, 2007. I had my first surgery on December 17th and a second surgery on January 9th 2008. I am now in the 1/3 of the way through my radiation treatments and was informed by my HR dept and my supervisor that if I don't return to work on March 11 that my job is no longer secure and they will be posting my position. I was told that Short term disability and FMLA were one in the same. IS THIS TRUE? my job made me use all of my vacation time before I would qualify for short term disability therefore I have no flma days nor any vacation days if I return to work on 3/11/2008 which means I have to make a decision as to finishing radiation or go back to work. Can my employer do this?

  • #2
    No - Short term disability and FMLA are not on the same rules. I imagine that you are getting paid with the short term disability.... effectively, you chose wrong. FMLA would have protected you, however, without pay... short term disability gets a little more intense as you walk the line...

    Good luck, however, medicine has come a long way and I hope that you benefit from it.

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    • #3
      FMLA and STD are two entirely different things. FMLA is leave. STD is how you get paid while you are on leave.

      FMLA and STD can and very often do run concurrently. It's not one or the other.

      If you, the employer and the medical condition all qualify for FMLA, the employer MUST apply FMLA protections regardless of whether you are receiving STD benefits or not.

      FMLA is not open ended. FMLA lasts for 12 weeks. If you are unable to return at the end of 12 weeks, you can legally be terminated.

      999 time out of 1000, this has no effect on your STD 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.

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      • #4
        If you should be terminated when FMLA expires, your STD *might* still continue. Therefore, you might still have income coming in while you finish your radiation treatments though no job protection. How long STD continues, etc. would be up to the policy provisions.

        Good luck to you.
        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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        • #5
          I would assume the hosp. has at least 20 employees so if they did terminate her, I guess they would at least have to offer her COBRA.
          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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