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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5687
Experience:  Exclusively practice labor and employment law.
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i have been on fmla 12 weeks..i had applied for workmans comp

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i have been on fmla 12 weeks..i had applied for workmans comp due to an on the job injury. today they terminated my position without warning (and i found out about the fmla 12 week lilmit) they sent me papers for ltd.. i happened to be sending the ltd papers in today, oct. 3rd when they told me my employment was actually terminated oct 2! can i still apply for ltd even though i am terminated?

Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today. I’m sorry to hear about your termination of employment.


You can apply for LTD retroactively to a time you were employed and would be covered by the policy. Also the LTD carrier should offer you continuation of coverage after your employment - i.e. you can pay the plan premiums on your own. You LTD isn't begun from the day you filed for benefits but, rather, the date you became disabled as defined by the plan. I'm assuming that your disability date was at least 12 weeks before your termination. So you would be covered by the LTD policy in any event.



I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.


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