Thank you for the information and your question. I am sorry to read about your situation. Just to clarify the law in Texas as it relates to termination in these cases, once the job protection provided under FMLA has expired, which is the 12 weeks in a 12 month period, an employer is not required to reinstate an employee to their job if they have not returned and
the employer has a neutral attendance policy that they enforce or, like in this case, their job is eliminated. There could be a contract or company policy that gives an employee more job retention
rights, but the law does not provide any more than what I mentioned.
As for the STD, although STD is an insurance policy and the exact terms of the policy apply (which is not based on a statute), almost every STD policy I have ever read continues beyond the employee's termination up to that maximum number of weeks/days payable under the policy for the condition. In other words, as long as you qualified and were collecting STD while you were still employed, those specific benefits for these conditions will continue to pay until the payment period runs out. Not sure if your STD is 6 months or what, but that is the period that will pay. You will want to read your policy though and see what it says. I am guessing that your HR person misspoke.
You will want to contact the Plan Administrator for the STD and discuss this with them. If they don't give you a satisfactory answer, you can file a complaint with the Employee Benefits
Security Administration of the U.S. Department of Labor
, the agency that enforces ERISA
, which is the Act that governs fringe benefits
Please let me know if you need any clarification. I would be glad to assist you further if I can.