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hrpro37
hrpro37, Sr. Director, Human Resources
Category: Employment Law
Satisfied Customers: 119
Experience:  10+ years of experience in human resources roles with a specialization in employment law
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My brother was on leave from job for cancer dx. day before

Customer Question

my brother was on leave from job for cancer dx. day before treatment started he had a stroke. His employer sent letter denying short-term disability, terminating employment, and end his insurance at end of month. Is this legal? Does my brother have any rights?
Submitted: 10 months ago.
Category: Employment Law
Expert:  hrpro37 replied 10 months ago.

Hello,

Thanks for using JustAnswer. I would need a bit more information prior to being able to give you guidance. Did the employer state a reason for denying the short-term disability and also terminating employment? Also, was your brother a full-time employee? And how long had he worked with the company?

Thank you,

Amber

Customer: replied 10 months ago.
Short-term disability denied stating pre-existing condition. The cancer was diagnosed during his employment and as stated, the stroke was after the original cancer dx. Employment was terminated "through no fault of his", but a disruption in their work. He was a full-time employee who worked there short of a year. He was salaried and worked much more than 40 hours per week.
Customer: replied 10 months ago.
Are you there Amber
Expert:  hrpro37 replied 10 months ago.

Hello again,

Since your brother was employed less than a year, he would not qualify for leave under the FMLA regulations. Unfortunately, without being covered under FMLA, your brother's company was within their right to terminate his employment.

He would qualify for unemployment though and you may be able to appeal the short-term disability decision directly with the insurance company.

Feel free to ask additional questions if you would like and please don't forget to rate me so that I receive credit for addressing your question.

Thank you,

Amber

Expert:  hrpro37 replied 10 months ago.

Hello,

Did you have any additional follow up questions? If not, please rate me so that I receive credit for addressing your question (it does not cost anything additional to rate).

Thank you,

Amber

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