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hrpro37, Sr. Director, Human Resources
Category: Employment Law
Satisfied Customers: 113
Experience:  10+ years of experience in human resources roles with a specialization in employment law
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I have worked Farm Mutual Ins Co years and always have been

Customer Question

I have worked for State Farm Mutual Ins Co for 42 years and always have been a top performer. I recently had to take work of because of depression and anxiety. I have a family doctor, a councilor and a pyscatrist and all three say I am not ready to return to work. Cigna is State Farm's medical leaves are determined to be eligible or not for paid leave by Cigna. Cigna states I should return to work. I am not yet ready mentally to return but because Cigna says I should State Farm took away my pay. Is this legal for Cigna and State Farm to go against my doctor's advice? On the "books" I have over 200 sick days I could be paid for but only if Cigna says so? This is only adding to my anxiety and interfering with me getting better.
Submitted: 4 months ago.
Category: Employment Law
Expert:  hrpro37 replied 4 months ago.


Thanks for using JustAnswer.

To start off, I just want to briefly give you an explanation of your rights under federal law. You have a right under FMLA (family medical leave act) to take up to 12 weeks of time off (paid if you have the sick/vacation time available) without it impacting your work status. This means that the company can not count those days as absences in your record or terminate your employment.

Also, you have a right under the Americans with Disabilities Act to receive "reasonable accommodation" if needed based on a medical issue (anxiety is covered under the ADA). What this means is that if your Physician has not cleared you to return to work, you can request that the company provide you with a reasonable accommodation of more time off. If you were provided a reasonable accommodation, they would be required to pay you for any sick time you do have accrued.

Your best option at this point would be contact your HR department. State farm is a large company and should have procedures for this type of thing. If you are having trouble with being provided accommodations for your anxiety, you can file a claim for free with the Equal Employment Opportunity Commission and they will contact your employer directly in order to ensure you are receiving fair treatment.

Feel free to ask follow up questions if you would like and please rate me for this answer so that I can receive credit (it will not cost anything additional to rate me).

Thank you,