Fired during Short Term Disability

[ManOfVirtues]

I found out a minute ago (4/26/06) that my fiance was released from her job while on Short Term Disabilty Leave. The letter she recieved stated that because we had not filed an appeal, and she had not returned to work she was being released.
She was diagnosed with Chronic Migraines back in November. At that time we were notified that she had 26 weeks of STD. Everything was going fine up until two weeks ago when her STD claim was denied due the information provided by the doctor did not determine that she would be unable to return. We have a copy of the letter sent from the doctors to the STD provider which contradicts thier statement.
The Letter of Appeal and questionaire required by the STD provider where faxed to the provider on the 19th by her physician.

The STD provider currently owes us 5 weeks of back wages.

What should we do next, we cant afford for her to be without insurance?

[Pattymd]

Even if the employer were subject to the FMLA, and your fiance was also eligible, if she has been out until November, the company has protected her job much longer than they are required to by law. FMLA requires only 12 weeks of job protection in a year for ANY reason and there is no equivalent state law that would require more.

There is also no law that prohibits an employer from discharging an employee on STD. STD is income replacement. FMLA is what protects the job, if it applies. STD and FMLA are mutually exclusive. At this point, I see no violation of any law.

[gingerlovesnascar]

If for some reason the doctor did state that she would not be able to return within the time frame of 26 weeks, then you can check into Long-term disability, if her company offers it..

Now, on the other hand, since you have the letter stating that she could return back to work before the 26 weeks ended then I would contact first her company, and explain the situation and second explain the situation to STD person that was assisgned to her during her leave and ask for the back-pay for short term that should be given. Be very direct, if all this fails then time to go to your state website to see what actions can be followed next on filing a wage claim.

Good Luck!

[gingerlovesnascar]

We have in texas the "ADA" as I thought all states do as well so even though her FMLA time ran out, this would still protect her as FMLA does

[cbg]

First of all, Ginger, this post is a year old. STOP POSTING TO DEAD THREADS.

Secondly, the ADA (which is a Federal law) does not protect short term disabilities. If you are going to post here, you need to get your facts straight.

[Pontiac22]

cbj- There is no reason to be so mean about. Yes it is an old post but Ginger has all rights to post whatever she feels to be helpful.

[cbg]

Pontiac - you are not aware of all the past history with this poster. I have reasons for what I posted.

[moburkes]

Originally Posted by Pontiac22

cbj- There is no reason to be so mean about. Yes it is an old post but Ginger has all rights to post whatever she feels to be helpful.

How do you know what "rights" ginger has?

[Pontiac22]

Well let's see..... this is a website that welcomes suggestions from anyone. But to answer your post, amendment 1 covers that right.

[moburkes]

Originally Posted by Pontiac22

Well let's see..... this is a website that welcomes suggestions from anyone. But to answer your post, amendment 1 covers that right.

Try again. If that were true then you wouldn't ever get fired from work for saying inappropriate things, nor could you get banned from a website for doing the same thing.

[Pontiac22]

I'm not an attorney, are you? But I do know the First Amendment protects free speech including but not limited to war protests, flag burning, obscenity, slander and so on. Point is Ginger has all rights to post on this webpage same as you and I. This is a website that welcomes ANYONE to offer their expertise, experience, suggestions, and idea's. This is the last I have to say regarding this thread.

[Pattymd]

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

"Free speech" is not absolute. The first amendment says that the government shall not............................

[moburkes]

Originally Posted by Pattymd

"Free speech" is not absolute. The first amendment says that the government shall not............................

Thanks. I got tired of arguing.

[cbg]

The First Amendment does NOT guarantee that anyone can post anything they like on a private bulletin board without consequences, any more than it protects someone's right to shout "Fire!" in a crowded theater.

The First Amendment only applies when the GOVERNMENT is the one restricting speech. It does not apply to employers, message boards, or other private entities.