How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19176
Experience:  Employment/Labor Law Litigation
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

I am currently on STD but have been notified that I will be

Customer Question

I am currently on STD but have been notified that I will be laid off at the end August 30th and all benefits will cease. I am not scheduled to return to work until September 30th. I was told by The Hartford STD carrier for my company that this is a group policy and they do not accept payments. I was told by my company that all benefits will end. Am I no longer covered to receive payments for the month of September.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 years ago.

That depends on your STD program, which isn't controlled by state or federal law. It's controlled by contract law, so all that policy has to do is cover in accordance with it's policy terms.

That being said, most STD policy terms only pay out to those who are or would be active employees if they were not out on STD. So, if you are being laid off, that means that you are not or would not be an active employee even if you were not on STD during the month of September.

Therefore, with that understanding, no you would not be entitled to payments during the month of September, because you would no longer be an employee.

Customer: replied 2 years ago.
Are there any other vehicles to allow an individual to continue paying the premium on their own to keep the policy open?
Expert:  Allen M., Esq. replied 2 years ago.

No, because it isn't health insurance. It's STD. Health insurance has such a vehicle, called COBRA, but STD does not. It just wasn't included in the COBRA law as something to be continued beyond employment.

The definition of beneficiary is entirely controlled by the contract, and if a laid off employee is not considered a beneficiary under their contract, that is unfortunate the end of the discussion.