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  1. #1
    Join Date
    Mar 2015
    Posts
    1

    Question Applying for Long-Term Disabilty when FMLA Runs Out

    My question involves unemployment benefits for the state of: FloridaEmployee has FMLA with a doctor monitoring this person for depression and high stress at work. Employee (been twice) and 2 other employees have been to an emergency room within a year thinking they were having heart related episodes. It was deemed stress.
    Employee had been monitored for approx 6 months. FMLA is about to run out.
    1. Can this person apply for LTD that we pay for?
    2. When do they apply?
    3. What is our role?
    4. Since FMLA is running out is there a waiting period for the employee?
    5. Wonder if this is really considered a pre-existing condition since the person was out on FMLA due to the work environment, stress and so on?
    6. Due to the above and stress/depression, we realize it may be more difficult for employee to be approved but we do want to be fair. Comments?


    Sorry for all of the questions to you experts.
    Thank you
    Patty

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: FMLA to Ltd Rules

    1. Have you been paying for the LTD coverage for them while they are on leave? If so, they would likely be covered. In fact they could have been collecting LTD during the FMLA period if they otherwise qualified. I do not believe it was necessary for you to cover LTD, only the group health insurance.

    2. Any time they were qualified (usually after they had been disabled for 90 days). You should consult your LTD plan provider as to the details.

    3. None as far as I know, though I would lend any assistance you would give to any other employer seeking to file a LTD claim.

    4. A waiting period for what?

    5. Applying for claims on a policy you already have isn't a preexisting condition. That applies to people who incur some condition and then go buy insurance in order to treat it.

    6. THe best suggestion is to not treat the FMLA employee any differently than you would an employee that was actively working or just on some other form of leave.

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