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Question

I have been out of work since July 16, 2008 & was on STD until Oct 14. My STD was converted to LTD and it has been approved from Oct 14 through Feb 09. I received a call 2 weeks ago from my manager & she said "Whenever you are ready to come back to work, I'm sorry, but we won't have a spot for you". We are a small company (Title Company) and are owned by a group of Commercial Real Esate attorneys. I asked about my benefits & she said it shouldn't change. The company pays for my portion of my health care & disability policy. (I pay for life insurance, dental & vision). We are a very small company that does not meet the 50 employee minimum for FMLA so that has not factored in.
Well, yesterday, my manager called me again & said that they are going to terminatate me effective 12/31/08 and they would send me some insurance info in the mail (I am assuming COBRA).
I don't think I can afford the high COBRA premium and am going to try to get on my husbands policy (my concern is they may not cover pre-existing conditions). I am having another big surgery in Feb & need coverage!

Anyways-----------right now, my second biggest worry (besides not having health coverage) is the status of my LTD.... Does that continue on since it was approved & active before I was laid off? At this point I really don't want to call the LTD insurance provider---I want to have a little background & some info so I am prepared to ask as many questions as necessary.

I guess that my employer has the right to terminate me & I don't really have a leg to stand on but was hopeful they were going to keep my benfits in force. WRONG!!:)

Also, I was not the only one laid off---they are downsizing because the real estate market in in the crapper so I don't believe I would have grounds for any type of discrimation either.

THANKS so much for all the expert advice

Submitted: 330 days and 2 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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jax, Florida

Accepted Answer

Hello, I would think when the employer talk about continuing your insurance benefits they are speaking of COBRA but it appears you have options with your spouse's plan. Whether they accept pre existing conditions will depend how the plan is written. However some plans are open and take pre existing , others may have a 6 months waiting period. You should review your spouse's plan and condition of the plan.

Now your LTD should continue if you have been approved for this benefits, However LTD is a continuous certification, therefore you will have to re certify often such as every 6 months. I would encourage you to talk to your benefit staff person because benefit plans can be different by companies and there are no laws to ensure companies have such plans.

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Expert: Faye Lee
Pos. Feedback: 99.7 %
Accepts: 
Answered: 12/28/2008

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Have 30 years experience in labor/employment law.

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