extending STD into LTD for 2nd surgery

[tarrm]

I injured my back on 4/24/06, which resulted in a discectomy on 5/9/06. I am presently on medical leave and receiving STD and am to return to work on 6/5/06. I also have severe left knee osteoarthritis, my left leg bows out which makes my gait unstable which is affecting my back. I have seen 2 orthopedic surgeons who both told me I need a Total knee replacement as my knee is bone on bone. I am now scheduled to have a total knee replacement done on 6/5/06 with a estimated work return of 10-12 weeks post-op. Can I be fired for this? Or can my company refuse to let me continue my leave even tho I have MD note? Can they refuse or drop my insurance? My company offers STD and I bought extra LTD. Will the STD roll into the LTD? Any help would be appreciated as I need to let my company know tomorrow about the upcoming surger.

[ElleMD]

Under FMLA your employer is required to hold your job for 12 weeks. What they do after that point is up to them. STD/LTD are simply income replacement and not an approved leave. In other words, just because you have STD or LTD does not mean your employer has to hold your job. They certainly may, but they are not obligated to.

Even if they do extend your leave they are not obligated to maintain your insurance. They should offer you COBRA which will allow you to continue insurance, but at your cost. This is the same as would happen if you were to be terminated.

[cbg]

Whether the STD will roll into the LTD depends entirely on the policies. That is a contractual/procedural question, not a legal question.