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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5568
Experience:  Exclusively practice labor and employment law.
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My employer had a short term disability policy indicating

Customer Question

My employer had a short term disability policy indicating that if an employee is employed for at least 3 years that employee is entitled to 100% of their salary while out for a certain amount of weeks. In 2017 they allof a sudden changed it to 60% unless an employee has been employed for 10 years. This company is making ts employees choose between health and paying the mortgage. hoe is that fair?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New York
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I am a full time salaried employee I guess at will as well
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Employment Law
Expert:  John replied 9 months ago.

Unfortunately disability policies aren't regulated at all by law in terms of whether an employee must offer them at all and what wage replacement % they must supply to disabled employees. You could theoretically if you desire go and buy insurance for the other 40% of income loss but you must make sure the policy does not coordinate with any other workplace policy (be sure to what you are attempting to do to the insurance agent). Further, a lot of insurance companies may not provide supplemental insurance because in theory they believe if you are making 100% income while disabled there is not incentive for you to try to return to work.

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