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Im on approved LTD for a bad heart my company today

Customer Question
Im on approved LTD...

Im on approved LTD for a bad heart my company today terminated me due to my doctor said I needed at least 6 more months to recover. LTD is approved by Aetna and I am receiving monthly payments My company terminated me today now I lose needed health insurance

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

Yes with HR not a lawyer

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Submitted: 3 months ago.Category: Employment Law
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Customer reply replied 3 months ago
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Answered in 10 minutes by:
12/29/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,122
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, it is not illegal to terminate someone that will be out of work beyond a certain protected period of time. It used to be that a person could be terminated for taking even one sick day, but Congress passed the FMLA which allows people to take protected medical leave for serious health conditions. However, Congress limited the time frame of the protected to just 12 weeks per year 12 month period of time. If you are going to be out for 6 months, that exceeds the protections of the FMLA and the employer does not have to retain your employment.

Your LTD should continue to pay, based on the condition taking place while you were still covered by that insurance. Unfortunately, you will have to use COBRA to continue your health insurance benefits beyond termination.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,122
20,122 Satisfied Customers
Experience: Employment/Labor Law Litigation

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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