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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I was placed out of work for one month due to very high blood

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I was placed out of work for one month due to very high blood Pressure/ Bi-Polar/Panic attacks at work. My primary doctor placed me out of work, and referred me to a psychologist, who deemed me to have severe depression/Panic attacks/Anxiety/Bi-Polar. Then I was placed on medication, and sent to Meditation/ Depression/Anxiety classes three times a week. My Boss/HR said they would send out STD forms after ten days, but delayed doing so. So I have used up 120 hours of vacation so I would be paid and care for my family. The STD Sun Life Insurance is taking their sweet time to answer if they plan to honor the claim, and now my doctors want to extend my time out of work an additional 60 days to give the meds, and the corrective exercises a chance to kick in and be effective upon my return. Can STD refuse to pay my claim. My employer's policy for full time employees is 100% of salary for STD claims. But because of the processing delays I have used all my vacation time, and I'm now off without pay. Should I just return back to work ill so they can fire me? Please advise.

Thank you
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Short Term Disability shouldn't have any valid reason to deny your claim, so if they do, you would have a good cause against them for bad faith for not paying you the guaranteed salary and benefits that you are supposed to receive under your short term disability plan with your employer.

Assuming that they do pay on your claim (as there is no reasonable basis to deny it), you would receive retroactive benefits for the weeks when you were off work without pay.

I don't think it would be a good idea to return to work prior to the 60 days that your doctor's want to give you to adjust to your new medication, and it would be unlikely that your employer would consent to take you back before that time if it is against your doctor's orders.

However, if your employer does terminate you (whether you decide to go back to work or not) you would have an extremely good cause of action against them for discrimination on the basis of disability (depression, bipolar, and panic attacks) in violation of the Fair Employment and Housing Act.

If they do try to terminate you on that basis, you can and should immediately file a complaint with the Department of Fair Employment and Housing using the information available online here:

The Department of Fair Employment and Housing will investigate the complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim(s) against your employer through a private attorney.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please make sure to REPLY to me first if you are at all contemplating giving me anything but a positive rating.

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Thanks and best of luck!

Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.



Thank you so very much for your professional advice/guidance. Your knowledge, and information is valued much more than what I paid, and for that reason I thank you. I will continue to use this service if I have any further questions, and will tell all in need of your great service.


Thank you again!

God Bless



Hello Kelly,

Thank you! Would you please remember to give me a positive rating so I get credit for my work!

Thanks again!

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