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  • STD question in NYC

    I recently found out that I have to get arthroscopic surgery for a labral tear in my right hip (not work related), I informed my employer that I would be getting surgery in a month and they told me that they would find out information about STD...

    • turns out that the company does not have STD, what should I do?
    • If i am able to get STD from NY State will my insurance carrier still (insurance through work) pay for my surgery and physical therapy afterwards?
    • Will I be guaranteed the same position I had when I left?
    • Can my employer terminate me for no reason while on or after I come back from STD?


    I am really worried because I really need this surgery but I have no idea what my options are....

  • #2
    turns out that the company does not have STD, what should I do? New York State mandates that employers carry a disability income benefit for their employees. You need to ask your employer about this again.

    If i am able to get STD from NY State will my insurance carrier still (insurance through work) pay for my surgery and physical therapy afterwards? Sure. Your medical insurance is a separate benefit from disability insurance.

    Will I be guaranteed the same position I had when I left? Can my employer terminate me for no reason while on or after I come back from STD? That depends entirely on whether your company is subject to the Family and Medical Leave Act and whether you qualify for FMLA leave.

    How long have you worked there?
    How many employees does this company have at the site at which you are employed and within a 75-mile radius?

    Comment


    • #3
      "turns out that the company does not have STD, what should I do?"

      Contact State DOL, they are probably breaking the law. They may not be though - certain employers are not required to have STD in NY.

      "If i am able to get STD from NY State will my insurance carrier still (insurance through work) pay for my surgery and physical therapy afterwards."

      STD shouldn't have any effect on your medical insurance payments.

      Comment


      • #4
        grasmicc, I'm not arguing with you - this is a question, not a rebuttal. I knew that NY was one of the states with a mandated disability plan but NY is also one of the states where I have never had employees so I've never had occasion to investigate it. What employers are not subject to carrying STD?
        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


        • #5
          5. "Employee" means a person engaged in the service of an employer in
          any employment defined in subdivision six of this section, except a
          minor child of the employer, except a domestic or personal worker in a
          private home who is employed for less than forty hours per week by any
          one employer, and except a duly ordained, commissioned, or licensed
          minister, priest or rabbi, a sexton, a christian science reader, or
          member of a religious order,

          or an executive officer of a corporation who at all times during the period involved owns all of the issued and outstanding stock of the corporation and holds all of the offices pursuant to paragraph (e) of section seven hundred fifteen of the business corporation law or two executive officers of a corporation who at all times during the period involved between them own all of the issued and outstanding stock of such corporation and hold all such
          offices provided, however, that each officer must own at least one share
          of stock, except as provided in section two hundred twelve of this article,

          or an executive officer of an incorporated religious, charitable or educational institution,

          *****or persons engaged in a professional or teaching capacity in or for a religious, charitable or educational institution,*****

          or volunteers in or for a religious, charitable or educational institution, or persons participating in and receiving rehabilitative services in a sheltered workshop operated by a religious, charitable or educational institution under a certificate issued by the United States department of labor, or recipients of charitable aid from a religious or charitable institution who perform work in or for the institution which is incidental to or in return for the aid conferred,
          and not under an express contract of hire.

          *****The terms "religious, charitable or educational institution" mean a corporation, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inure to the benefit of any private shareholder or individual.*****


          That's the wording of the law itself at Article 9 Section 201(5) of the worker's comp code. The most significant thing is that it appears to exclude professors at colleges and universities, and doctors at non-profit hospitals.

          This might appear to be a small exception, but I think we've already run into one person who was coverred under it (the professor who had the question on STD and two employers, he worked at a university AND a hospital..).


          The bigger exceptions are contained in the defintion of "employment" at 201(6)...

          A. "Employment" means employment in any trade,
          business or occupation carried on by an employer, except that the
          following shall not be deemed employment under this article: services
          performed for the state, a municipal corporation, local governmental
          agency, other political subdivision or public authority; employment
          subject to the federal railroad unemployment insurance act; service
          performed on or as an officer or member of the crew of a vessel on the
          navigable water of the United States or outside the United States;
          service as farm laborers; casual employment and the first forty-five
          days of extra employment of employees not regularly in employment as
          otherwise defined herein; service as golf caddies; and service during
          all or any part of the school year or regular vacation periods as a
          part-time worker of any person actually in regular attendance during the
          day time as a student in an elementary or secondary school... (rest ommitted).
          Last edited by grasmicc; 08-18-2005, 07:48 AM.

          Comment


          • #6
            Thanks very much.
            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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