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I have an FLMA question. I am currently under doctors care…

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I have an FLMA question...
I have an FLMA question. I am currently under doctors care and the company I worked for laid me off after 9 weeks. They had given me FMLA paper work saying I would have sort term disability benifits until June 22nd. However instead of paying me for the last 3 weeks of my short term disability before I went on long term they eliminated my position. Is this legal? should I consult an attorney? Am I entitled to those 3 weeks of pay?
Submitted: 8 years ago.Category: Employment Law
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Answered in 10 minutes by:
6/15/2010
Employment Lawyer: AlexiaEsq., Managing Attorney replied 8 years ago
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 13,637
Experience: 19+ Years of Legal Practice in the Employment law arena.
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Hi jacustomer,

 

FMLA does not protect us from general lay offs, but it does protect us from being laid off BECAUSE we took FMLA. For this reason, I would speak to a local attorney who can procede to determine if this was an FMLA based termination. Pay him for a consult fee if you must - they may be hesitating because they think you are looking for them to work for free. You can also file your FMLA complaint with the DOL without an attorney and I would definitely do so if I didn't opt for the attorney.

 

As for the short term disability being cancelled - this would also be a no no if your termination was illegal (via FMLA). - however, if the termination turns out to be permitted (say, they laid off your whole department, and clearly your lay off was not due to FMLA taking), then the short term disability contract will dictate if it continues after termination or if you are no longer eligible if terminated. You must read that document with a find tooth comb. It certainly makes it appear that your employer had a greater incentive to get rid of you since you were drawing that STD and were planning on drawing the LTD. Now, whether that is the reason, we don't know that yet.

 

 

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