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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default Short-Term Disabilty, Long-Term Disability and FMLA Rights

    My question involves labor and employment law for the state of: Florida.
    Currently on FMLA and collecting on employer paid STD policy. The STD policy covers 24 weeks. This illness will extend beyond my 12 weeks of FMLA and I will be terminated should that occur. I do not know how long the illness will last but it is possible it may last for 6 months or more.
    I also have an employer paid LTD policy that has an 180 day waiting period. How can I collect on that if I will be terminated before the LTC policy can even be accessed and my STD would expire? It seems no one would be able to collect on a LTD policy as anyone at my company will be terminated as soon as their 12 weeks of FMLA is used. Is this usual? SO many employers terminate after FMLA and how would anyone be able to access a LTD policy with a 180 day waiting period. Thank you for offering answers to these questions. I do realize FMLA and STD as well as LTD are separate benefits.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,896

    Default Re: Std, Ltd, FMLA in Florida

    This is quite common but you are proceeding from a false assumption. You are assuming that you have to be employed on the day the LTD benefits start or they won't pay. In actual fact, most LTD policies are only written so that you have to be employed on the day your illness or injury first occurs, and they are written that way for this very reason - so that people will be able to take advantage of them if their employer is unable to hold their job that long.

  3. #3
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Std, Ltd, FMLA in Florida

    Agree entirely with cbg. The only pertinent issue is whether you were employed and covered by the LTD Plan on the date the disability occurred. If you have been continuously disabled since that date, then there shouldn't be any problem with collecting LTD benefits (assuming your medical condition/disability meets the definition as defined in the Plan.)

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