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Short term disability quetions in Georgia Georgia

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  • Short term disability quetions in Georgia Georgia

    Had multiple Pulomonary embolisms, have been put on blood thinners to dissolve the clots which will take six months per my doctor. My doctor said I could return to work on light duty, BUT my employer/boss said he had NO light duty for me and that I should go on STD I am a heavy equipment technician for an Airline. So my doctor said I could return to work on full duty Mar 1 2011 when I'm off the blood thinners. Sedgwick only approved my std until Oct 15 2010, and included in the letter that after 12 weeks the airline could fire me for being out sick. What should I do now? The stress of having my employer threaten to fire me for an illness, much less having my Std company disregard my doctor is really upsetting. How is STD claims decided? Does the doctors opinion not matter at all? Why would anyone have STD insurance for 6 months when the company can just fire you afte 3 months? What should I do to protect my family and home?

  • #2
    They can. FMLA protects your job for 12 weeks only, per year. You'll have to check with your employer's HR Dept. to see how they define a "year" (there are several methods). That doesn't mean they will, only that they legally can. Are you a union member? If so, your union contract may provide additional time.

    Short-term disability benefits would almost certainly continue, even after the 12 weeks, IF approved. When it gets closer to the first date, if they don't approve a longer period, you can appeal. You should have a copy of the disability plan document; read it carefully and ask HR or the insurance company itself if you have any questions. I take it you don't have long-term disability insurance also?
    Pattymd
    Senior Member
    Last edited by Pattymd; 09-26-2010, 09:06 AM.
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    • #3
      If your employer has no light duty job for you, there is nothing you can do
      about that. They don't have to offer you light duty if there is none available.
      They aren't required to create a light duty job for you.
      Betty3
      Senior Member
      Last edited by Betty3; 09-26-2010, 09:27 AM.
      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

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      • #4
        Also, keep in mind that STD is not leave; it is how you get paid while you are on leave. If your doctor says you are able to return to work, albeit on light duty, that generally means you are ineligible to continue to collect STD benefits (though your specific policy would have to be consulted for a definite answer). There are NO circumstances when an employer is required to create a light duty position, or provide light duties, if they do not have any that are readily available. No one is "disregarding" your doctor, but yours are not the only rights that have to be considered here. The STD carrier has the right to stop benefits if you no longer qualify under the terms of the policy; the employer has the right to find someone who is able to come to work and do the job if you have exceeded the maximum time protected by law (which you have) and if they have no work available within your restrictions (which apparently they do not).
        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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        • #5
          [QUOTE=Pattymd;1146837]They can. FMLA protects your job for 12 weeks only, per year. You'll have to check with your employer's HR Dept. to see how they define a "year" (there are several methods). That doesn't mean they will, only that they legally can. Are you a union member? If so, your union contract may provide additional time.

          Short-term disability benefits would almost certainly continue, even after the 12 weeks, IF approved. When it gets closer to the first date, if they don't approve a longer period, you can appeal. You should have a copy of the disability plan document; read it carefully and ask HR or the insurance company itself if you have any questions. I take it you don't have long-term disability insurance also? ****Yes I have Long term Disability as well*******

          Comment


          • #6
            [QUOTE=cbg;1146851]Also, keep in mind that STD is not leave; it is how you get paid while you are on leave. If your doctor says you are able to return to work, albeit on light duty, that generally means you are ineligible to continue to collect STD benefits (though your specific policy would have to be consulted for a definite answer). There are NO circumstances when an employer is required to create a light duty position, or provide light duties, if they do not have any that are readily available. No one is "disregarding" your doctor, but yours are not the only rights that have to be considered here. The STD carrier has the right to stop benefits if you no longer qualify under the terms of the policy; the employer has the right to find someone who is able to come to work and do the job if you have exceeded the maximum time protected by law (which you have) and if they have no work available within your restrictions (which apparently they do not).

            [other employees who could have returned on light duty were told they were no light duty positions all went on short term disability and were approved how could I be denied if my employer only want me to return on full duty?]

            Comment


            • #7
              That's up to the short term disability carrier and the terms of the policy. Your recourse, if you believe that you have been incorrectly denied STD benefits, is to file an appeal through the disability carrier.
              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.

              Comment

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