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  1. #1
    Join Date
    Sep 2009
    Posts
    3

    Default FMLA Followed By Short Term Disability, or Both at the Same Time

    My question involves labor and employment law for the state of: New York.

    I've been approved for disability for severe depression disorder/anxiety attacks. My psychiatrist said I can't return back for approximately four months. My HR dept. had me fill out FMLA paperwork, said I would be using my PTO and submitting the short term disability (which is through Unum, a private disability insurance co). My questions: Is there a chance I will be denied by UNUM? If not, do my short term disability payments run concurrently with the PTO payments or do they start after? What if I get terminated after the 12 weeks of FMLA? Do I still get my disability payments? Would I be able to get unemployment insurance after disability runs out?

    Thanks so much.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,769

    Default Re: FMLA Followed By Short Term Disability, or Both at the Same Time

    What if I get terminated after the 12 weeks of FMLA?
    then you won't have a job. Employer is only required to hold your position for 12 weeks. After that, they can terminate you.

    Would I be able to get unemployment insurance after disability runs out?
    To be eligible for UI, you must be able to work. Being ill and not able to work will DQ you.

  3. #3
    Join Date
    Sep 2009
    Posts
    3

    Default Re: FMLA Followed By Short Term Disability, or Both at the Same Time

    Thank you! What about the following?

    Is there a chance I will be denied by UNUM, the private disability insurance company (even though I have the appropriate medical history and paperwork? If not, do my short term disability payments run concurrently with the PTO payments or do they start after? Do I still get my disability payments if I get terminated?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,609

    Default Re: FMLA Followed By Short Term Disability, or Both at the Same Time

    You cannot double dip. If you are receiving PTO payments, you will not be receiving disability benefits at the same time.

    Of course you can be declined by Unum. Whether you will or not, depends on whether or not you have a disabilty as defined by the policy. If you do, you'll get benefits. If you don't, you won't. Since we have not read the policy or your medical records, that's the best answer we can give you.

    It is rare to the point of being unheard of for benefits to end when employment does, as long as your condition continues to meet the definition of disability.

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