NJ FMLA/Disability-job termination

[jvignola]

I am 8 months pregnant. At about 4 months, my Sciatic Neuritis acted up and my doctor wrote me out on STD. As soon as my STD ended and I began LTD, my employer terminated me. They stated I was no longer covered by FMLA. 1) Does STD and FMLA always run in conjunction with each other? 2) If this is the case, what happens to my maternity leave? 3) My employer also said that I can still receive the same cost for benefits - as long as I pay my employer directly (I should begin to receive invoices any day now). Is this legal? 4) Shouldn't I be entitled to some kind of severence?
Any help you can provide, would be greatly appreciated. This situation has gotten me completely stressed out. I have no job to go back to, I'm only receiving what little money that state is giving me (LTD) and now I have to pay my own benefits. Even if I wanted to try and go back to work, at this point, I couldn't.

Thanks

[Pattymd]

Disability Insurance is (partial) income replacement. FMLA leave is job protection. They can (and should) run concurrently. So, once you have exhausted your 12 weeks of FMLA leave, the employer can legally terminate your employment. Unless NJ has a separate maternity leave program in addition to your FMLA protection (which I don't think they do), you've exhausted all your job-protected leave for any medical condition, including pregnancy/birth.

Regarding your benefits, that is not my area of expertise, so I will let another of our fine contributors answer that.

Unless you have a contract guaranteeing you severance pay, you have no legal right to it. Severance pay is meant to compensate an employee who loses his/her job due to the company's business decisions, not because the employee is medically unable to work.

I'm sorry, it's a tough position to be in, but I don't think you have any income options other than LTD, which you apparently are already receiving.

[cbg]

1) Does STD and FMLA always run in conjunction with each other?

To all intents and purposes, yes.


2) If this is the case, what happens to my maternity leave?

You are entited to a total of 12 weeks per 12 month period. If you have used all your FMLA before your maternity, then you are entitled only to what your employer would provide to a non-pregnant employee who had exhausted their FMLA. If that's another two months, you're entitled to another two months. If that's nothing, you're entitled to nothing. You are entitled to receive exactly what a similarly situated employee who is not pregnant would receive - no more, no less.

3) My employer also said that I can still receive the same cost for benefits - as long as I pay my employer directly (I should begin to receive invoices any day now). Is this legal?

Yes.

4) Shouldn't I be entitled to some kind of severence?

Not unless you have a bona fide contract that grants you severance in this situation. Severance is not required by law.