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Disability Question California

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  • Disability Question California

    Hi. I have worked for the same company for 6 years and for the first 4 years I was one of their most valued employees. over the course of the last 2 years several things have caused me to slump into a deep depression. Aug of 2006 I spoke with someone back at our corporate office and inquired about our policys for lOA. in all my years of working I had never even considered a LOA of any sort. we got to talking and i told her what was going on. she goes to our SVP and tells him everything i told her ( although she said ahe wouldn't say anything ) and he calls my boss and gives him a piece of his mind. how it sounds like i'm havibg a mental breakdown, can't my boss "control" his employees? anyway my boss came to me and told me of the conversation. needless to say i was mortified. over the course of the last year my job performance contiuned to suffer. my two parents died backto back. anyway, i am pretty close to my immediate boss and i told him maybe its time for me to move on because i just can't sem to keep it together. what i didn't tell him was that i was thinking of going out on disability to deal with my mental health issues. i called human resources and inquired about our disability benefits and contimued to think about it. shortky after the SVP called my boss and said that he wanted my letter of resignation. he says no one said anything but in our company who do you trust?

    i did have my psychiatrist write me out and i told my immediate boss that it was something i had been thinking about for awhile. the lack of my emotional welln being needed to be taken care of before i could even contimplate a new job.

    everyone was/is ANGRY at me. anyways our disability policy states if i go out on disability while empployed that i am covered. someone at corporate told me off the record that they are mtg with legal to see if they can back date firing me. i have to tell you i am stunned. i don't understand what their issue is. first they harbor ill feelings because as the SVP says it sounds like i'm having a mental breakdown then they are angry because i go out on disability to take care of it. i think they just wanted me to go away - no fuss.

    my question is - can they back date firing me? i have never heard of such a thing. they said since they asked for my resignation they shouldn't have to be liable for disability benefits. this whole thing is just so wierd to me.

  • #2
    There's a number of questions in this I can't answer, but relative to your question about disability benefits............Are you talking about California State Disability? If so, the company doesn't pay anything for that nor do they have a say in who gets benefits; it's funded solely by your SDI tax deductions.

    Or, are you talking about a company-sponsored additional disability benefit?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      company sponsored benefits


      • #4
        Self-funded and self-administered (by the employer) or through an insurance company? Reason I'm asking is that, again, unless the employer is administering the plan, they really have very little say, if any, as to who gets benefits and who doesn't.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          from what i was told they are using aetna. for the first 12 weeks aetna pays 50.00 and the company pays the remainder of the 60% after 12 weeks aetna pays the whole thing. i asked and the rep said that it is 3rd party that way it keeps everything above board


          • #6
            I can't be sure, but it sounds as if you're talking about a partially self insured plan. The name of the carrier does not define it but who puts forth the money to pay the benefits does.

            I'd have to read the policy before I could answer your question. Since I can't do that, I'd suggest you show it to a local attorney who is versed in employment law.
            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.


            • #7
              Well, they can't backdate your termination to before you stopped working.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


              • #8
                CA Disability available w/o employer

                They can't backdate your termination date legally.

                You should call the EEOC or other local offices here in CA, they are helpful. State of CA is actually more helpful to you vs. any federal laws actually. If you call the Dept Of Labor in your area in particular they will intervene to get the papers if you are not given them. This is also a good way to document that you have requested them.

                Most policies (private ones such as aetna) coordinate in the state in CA. What this means is they require you to file with the state and collect that money first and then file with the private policy company which picks up the balance up to your benefit amount allowed if you are approved. (ie. if the state of CA was not to approve you then the private company would pay the full benefit allowance.

                You can get the state forms here: and take them to your doctor to file a claim.

                You can also call Aetna and get those forms as well.

                Have the doctor fill out the forms. You fill out your portion of the form. You will ask your HR fill out their portion, though the claim can go in without the info from your HR and the disability company has to try and get them completed on your behalf.

                Hope that helps.


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