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  1. #1
    Join Date
    Nov 2006
    Posts
    5

    Question FMLA and Plant Closure In Pennsylvania

    I have an issue that maybe someone can answer or guide me in the right direction.

    I have a situation where I have a documented FMLA medical problem with my employer. For the past year my employer has been great with all the time I've had to miss for my serious health appointments and recent emergencies.

    My situation involves a disease where in order to confirm diagnosis, medical tests are done, verified, or dismissed as the secondary causes to the diagnosis. Therefore, this is very time consuming.

    My immediate situation regards testing where surgery may be required, and time off for recovery under FMLA. The real mess involves that the plant I work for, will close in 14 months. If I'm exercising my FMLA rights, can the company terminate my employment with a federal 60 day notice while I'm FMLA leave? Or do they have to wait until I come back to work to give the 60 day notice? I anticipate that I'll return to work before the plant physically closes. I need to know the guidelines so that the company and I can do right.

    Note... the company is not going out of business. Just one plant closing from the umbrella of a big company.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA and Plant Closure In Pennsylvania

    Being on FMLA only protects you from terminations regarding FMLA-related absences. It does not protect you from terminations that are unconnected with your absences or that would have happened regardless of your leave. If the plant is closing, you have no more right to employment than anyone else. You get your notice exactly the same time as everyone else and you get laid off at the same time as everyone else. The FMLA is immaterial.

  3. #3
    Join Date
    Nov 2006
    Posts
    5

    Default Re: FMLA and Plant Closure In Pennsylvania

    Would this also hold true for short term disability as well? I'm not trying to delay what will eventually happen. I have a legitimate and rare disease (2 out of 1 million). I've been in the mfg profession for 30 years and up until 1 year ago, I never had these issues. I just need to understand the company's actions and my rights. Medical coverage is very important to me now.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA and Plant Closure In Pennsylvania

    How the STD will be handled will depend on the terms of the policy. Pennsylvania is not one of the very few states that has a state provided or state mandated disability plan, so it's all on the individual employer's policy.

    I can tell you that in 25 years of administering employer sponsored group benefits, I have never seen and only once heard of a disability plan where the benefits stopped when employment did. In the VERY large majority of STD plans, once the carrier accepts a claim, they will continue paying benefits as long as your medical condition is such that you are eligible under the terms of the plan, regardless of your employment status. I think you can safely assume that you will continue to receive your STD benefits if you are out on medical leave when the plant closes (although a definite answer can only be given you by your HR department). If you are working at the time the plant closes, however, the likelihood is that your STD benefits will discontinue. It is rare (not unheard of, but rare) that STD benefits are included in the benefits that are continued after an employee's employment ends unless they are on medical leave and receiving such benefits on the day of termination.

    Health insurance is an entirely different ball of wax from either of the above, however. Federal law requires that you be offered the opportunity to continue health insurance at your own expense (COBRA) for up to 18 months after termination. In addition, many employers will offer paid continuation of health insurance for a few months as part of the severance package (although that is their choice; they are not required to by law except in SOME circumstances in three states, none of which is PA). This remains true regardless of whether you are working or on medical leave at the time the plant closes; short of termination for gross misconduct there are NO circumstances in which an employer can fail to offer COBRA, assuming they are required to offer COBRA at all (and if they are required to offer FMLA, they are required to offer COBRA; the number of employees required for COBRA is less than the number of employees required to offer FMLA).

    Keep in mind that if they choose not to offer paid continuation of coverage as part of the severance, they may legally terminate your medical coverage until they receive your first COBRA payment. They have up to 44 days after the end of your employment to provide you with the COBRA information; you have 60 days to make your COBRA elections and up to 45 days after you make your election to make your first payment. They can leave your coverage termed until your first check is in their hands; however, reinstatement MUST be retroactive to the day of cancellation so that there is no gap.

    Hope that helps; let me know if you have more questions or need clarification. I know it can be complicated.

  5. #5
    Join Date
    Nov 2006
    Posts
    5

    Default Re: FMLA and Plant Closure In Pennsylvania

    I thank you for taking the time to explain STD, COBRA, etc... You are correct about COBRA for my situation as the company does offer this and they are offering paid medical coverage up to the last day of severance pay. I am in the process of understanding the term of STD coverage, waiting weeks, compensation %, etc under the carrier of our disability provider, Mutual of Omaha.

    Due to health deterioration over the past few months, my doctors are urging me to take some time to get the health issues under control. Any other advice that you can offer or other avenues that I should consider?

    Again... thanks for your kind help.

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