Employment Law Questions? Ask an Employment Lawyer.
I originally went out on FMLA and short term disability April 24th for medical reasons. My short term disability ended October 24th and I was waiting for the long term disability ruling whether I was approved or not for it. I just found out that I was terminated by my employer on November 1st. I was never informed of this by phone call, letter or email. I found out accidentaly when i went to fill a prescription and they told me my health insurance ended.
My place of employment is in Bronx, NY. Can they terminate me while i was waiting for the long term disability ruling? Please help. Any advice is appreciated.
FMLA protection lasts a maximum of 12 weeks. If by short/long term disability, you refer to an insurance benefit, other than workers' compensation insurance, then, yes, the employer can terminate your employment.
If your referring to workers' compensation benefits, then you could still be terminated as long as the termination is not due to your filing for workers' compensation benefits.
You may have a claim against the employer for failing to notify you of your rights to COBRA benefits, but that wouldn't get you reinstated to employment.
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I am sorry. I do not understand what you mean by insurance benefits.
I went out on FMLA and submitted all the appropriate paperwork to go out on disability. The short term disability was contracted out by my employer to Zurich.
After 6 months were up I was then informed by the Benefits department at my job that another company is contracted to handle my long term disability and that i did not need to do anything except fill out the paperwork sent to me by the long term disability company who will handle my claim.
The Family Medical Leave Act (FMLA) provides for unpaid family leave, for medical or family caregiver reasons, of up to 12 weeks under federal law. Short or long term disability has no application to the FMLA.
So, if your employer provided you with additional benefits which outlived your 12 week FMLA leave, there was no impediment to your termination from employment after the expiration of the 12 weeks -- this, despite the employer's continuing contractual obligation to maintain your short term benefits.
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