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Can You File STD/FMLA After a WARN Notice

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  • 03-28-2009, 06:08 PM
    enoughallready
    Can You File STD/FMLA After a WARN Notice
    My question involves labor and employment law for the state of: Kansas

    Given WARN notice 2/27/09, term. date is 4/30/09. Co. policy sent me home 2/27/09 with all pay and benefits until 4/30/09. Found out have possible colon cancer, even if not cancer will have to have surgery to remove part of colon. Just wondering if I can file FMLA and STD and my job/benefits will extend past my term date if my condition warrants and I am not released to work again by DR.
    My position qualified for unlimited sick leave pay.
    My concerns are that COBRA is so high, Life insurance will be dropped 4/30, will not be able to draw unemployment if not available to work, will be impossible to get insurance after this diagnosis.
    Worried about calling company to inquire.....STD and LTD were part of my employee benefits.
    Thank you
  • 03-28-2009, 06:18 PM
    cbg
    Re: Can You File STD/FMLA After a WARN Notice
    If you are asking whether or not filing for FMLA and STD will force your employer to retain you, it will not.
  • 03-28-2009, 06:32 PM
    enoughallready
    Re: Can You File STD/FMLA After a WARN Notice
    Thanks, not really sure how to word what I am asking....was hoping that my health benefits would be extended if the company was not allowed to lay off an employee on FMLA or STD. I realize the job is over, like 4000 others at the company. Can't quite figure out what to do. No job, Cancer, no unemployment if unable to work....
  • 03-28-2009, 07:11 PM
    cbg
    Re: Can You File STD/FMLA After a WARN Notice
    STD provides no job protection whatsoever. In any circumstances.

    While FMLA provides job protection in that you cannot be fired BECAUSE you applied for FMLA or for absences related to the FMLA condition, FMLA does not protect you from a termination that would have happened anyway.

    If this is a WARN situation, you should be eligible for President Obama's new subsidy for COBRA.
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