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  1. #1

    Default Can I Be Fired While Appealing an Std Denial

    My question involves labor and employment law for the state of: Iowa

    I have been on disability leave from my computer programming job for nearly four months. I have used all of my FLMA excused leave. I received short term disability, but the insurer denied my claim after two months (they denied it once before, but approved my appeal). My employer sent me a letter saying that if the insurer had not approved my appeal within two weeks, I would be terminated.

    Can they terminate me while my appeal is active? If not, can they terminate me during arbitration?

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Can I Be Fired While Appealing an Std Denial

    If you used up all of your job protected FMLA time, yes your employer can terminate you.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Can I Be Fired While Appealing an Std Denial

    Only FMLA provides job protection. STD, which is not leave but how you get paid while you are on leave, does not provide job protection. Just as Betty says, if your FMLA is used up you can legally be terminated regardless of the status of your STD benefits.

  4. #4

    Default Re: Can I Be Fired While Appealing an Std Denial

    If there is no protection for people with disability, why does my employer offer LTD? Why would they pay for the insurance if they can just fire anyone who becomes disabled?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Can I Be Fired While Appealing an Std Denial

    Your employment status has nothing to do with your eligibility for benefits. Assuming you are approved, you will not lose your disability benefits just because you are no longer employed. I've seen people who are still collecting disability benefits ten years or more after their employment was terminated.

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