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I am on short term disability since Aprildue to complicated…

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Hi I am on...

Hi I am on short term disability since Aprildue to complicated pregnancy. I had my baby on November 21st and on FMLA leave until Jan 15th. I have to return to work on Jan 16th. I am still feeling weak and doctor recommended only desk job until my post partum visit on Jan 25th. but my employer said they cannot accommodate that and will provide chair for me to work in the lab. I am scared how I will cope up with the hectic job as I am still weak due to complicated pregnancy. How many days minimum I have to work for the employer to avoid paying back my benefits received during short term disability and FMLA like insurance premiums and so on. I reside in Massachusetts.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Massachusetts

Lawyer's Assistant: Has anything been filed or reported?

No just seeking information

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Wanted to know what should be done if I wont be able to carry essential functions of my job after returning to work after FMLA leave

Submitted: 5 months ago.Category: Employment Law
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Customer reply replied 5 months ago
Hi I am on short term disability since Aprildue to complicated pregnancy. I had my baby on November 21st and on FMLA leave until Jan 15th. I have to return to work on Jan 16th. I am still feeling weak and doctor recommended only desk job until my post partum visit on Jan 25th. but my employer saidthey cannot accommodate that and will provide chair for me to work in the lab. I am scared how I will cope up with the hectic job as I am still weak due to complicated pregnancy. How many days minimum I have to work for the employer to avoid paying back my benefits received during short term disability and FMLA like insurance premiums and so on. I reside in Massachusetts.
Answered in 1 hour by:
1/15/2018
Employment Lawyer: Marsha411JD, Lawyer replied 5 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,869
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. FMLA has nothing to do with STD or benefits, as it is only a job protection statute what guarantees up to 12 weeks unpaid leave for a serious medical condition. Again, it has nothing to do with STD or paid benefits.

STD is purely contractual through an employer and therefore the provisions of the policy, not a statute apply. Normally though there isn't any post leave work requirement at all for this benefit. You will need to read your policy or check with your benefits division at your employer for that information. If you are concerned about paid health insurance or other insurance than that is entirely up your employer's policies. While an employee is on FMLA, the employer must only pay their share of those benefits. If they pay more, that is their policy decision.

I can say that if you are asking if you would have to pay back the regular employer's portion paid on your health premium, then the answer would be no, that there is no minimum work requirement other than you have to try to return to work. In other words, you need to request an accommodation, which the employer seems willing to give to the degree they can without causing an undue hardship. If you report to work and the first day turns out to be too hard, and you decide to resign, then you would not normally have to pay back any insurance premiums unless your employer paid your portion in addition to theirs and they have informed you ahead of time in writing that if you don't report to work after leave, you will owe them that part (just your portion) back.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 5 months ago
for STD there is nothing like minimum time needed to work? I read online that you have to work 30 calendar days if I am on FMLA leave. is that true and incase if we have to pay back the insurance premium do we pay only my share and not any of the company's share. Also if I return to work and have difficulty can I have my doctor provide more restrictions after my first day at work.
Employment Lawyer: Marsha411JD, Lawyer replied 5 months ago

As I mentioned, STD is not statutory, so it is purely a policy issue. You need to read your policy, but I have never seen one that required any return to work for STD. In fact, many people can never return to work and if they have an LTD policy and qualify, it just switches over from STD to LTD until it runs out.

I can't comment on what you read online, I can only tell you that FMLA doesn't have any such provision. You should try to return to work as I mentioned, but no requirement in any way, again because it is unpaid leave, to come back for a certain time.

As I also mentioned, if there was some sort of Company policy (in writing) where they paid your portion of the insurance premiums while you were out, and had a requirement that you return to work for a certain time, that would be enforceable. But that would be unusual.

If you have limitations, you can ask for a reasonable accommodation of them, and your employer will be required to accommodate you unless doing so will cause them an undue hardship on their business.

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Employment Lawyer: Marsha411JD, Lawyer replied 5 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 15th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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