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  1. #1
    Join Date
    Nov 2007
    Posts
    7

    Default Terminated - Do I Qualify For FMLA?

    Hello Everyone,


    On 7 Oct 2007 I injured my back while working on a home remodeling project. I work as a truck driver, for a fairly large size trash removal company. I Herniated to discs in my lower spine and I have been doing everything the physicians have requested to facilitate my speedy recovery. I have gotten multiple opinions on this, just to make sure. I am receiving short term disability.

    Well, to get to the point. Yesterday, in the mail, I received a certified letter from my employer, terminating my job. Can they do this? I'm in the teamsters union, who do I contact? Should I contact them? What should I do next? Do I have to worry that my short term disability is going to end? I'm scared.

    I have a family to support.

    Please Help!

    P.S. I did forget to mention, that I have only been employed by this company for 6 mons. That alone would not qualify me for FMLA

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: FMLA (Do I Qualify?) Terminated

    I guess the question I would ask is how you could qualify for FMLA if you don't have a job?

    Did you have a contract with your employer?

    Obviously, you need to talk to your union.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: FMLA (Do I Qualify?) Terminated

    Did you make a worker's compensation claim? Are you receiving benefits?

    Did your employer state a basis for terminating your employment?

    This is in what state?

  4. #4
    Join Date
    Nov 2007
    Posts
    7

    Default Re: FMLA (Do I Qualify?) Terminated

    Quote Quoting aaron
    View Post
    Did you make a worker's compensation claim? Are you receiving benefits?
    I didn't make a worker's comp claim, because I was hurt at home and the only benefits I am receiving is from Short Term Disability. I am still injured and going to Physical Therapy, 3 times a week.

    Will I lose the benefits of the STD and Health Insurance, even though I am still disabled?

    Quote Quoting aaron
    View Post
    Did your employer state a basis for terminating your employment?
    He called it an amicable basis for terminating my employment. I am not sure I understand what this means, because I had intended on returning to work.

    Quote Quoting aaron
    View Post
    This is in what state?
    The State of NH, which is an employee at will state.


    I had spoken to the Division Manager about FMLA, when I first became injured. He told me that he was going to look into it and get back to me. I kept in constant contact with him, letting him know how I was progressing and passing on Doctors note's and such to him.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: FMLA (Do I Qualify?) Terminated

    From your original post, I had the impression that this was a work injury, but I see now what you meant.

    From what you have said so far, you don't meet the criteria for being an "eligible employee" for purposes of receiving FMLA benefits.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Terminated - Do I Qualify For FMLA?

    and since your injury was not a work related injury, the only help you may have would be through your union.

    Call your local unions business manager and see what he has to say.

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Terminated - Do I Qualify For FMLA?

    Agree, you don't qualify for FMLA or WC. I would contact your union as suggested. Your termination was not illegal since you are in an at-will employment state & you can be terminated at any time for any reason except reasons protected by law (ie age, gender, religion) unless you do have a bona fide employment contract or CBA to the contrary.

    Your STD should not stop just because your employment is terminated if you are still disabled. Disability benefts are not tied to your employment.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Terminated - Do I Qualify For FMLA?

    Just want to clarify, while I agree with Betty that STD benefits are almost always not tied to employment and the overwhelming likelihood is that benefits will continue until (a) you are no longer disabled or (b) you reach the end of the benefit period, it is a question of the insurance contract and not law. While in 26 years of administrating employer-sponsored benefits I have never seen and only once heard of a policy where benefits ended with employment, it is conceivable that one could exist. It's HIGHLY unlikely, but such a policy would not be prohibited by law.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Terminated - Do I Qualify For FMLA?

    CBG or betty3, would the OP be required to make payments under COBRA to maintain the STD insurance and subsequent STD payments? ( Boy would that be unfair, but as we all know, not everything is fair)

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Terminated - Do I Qualify For FMLA?

    No, that's not going to be the case. First of all, STD is not health insurance and therefore is not covered under COBRA. Second, just about every STD policy I've ever met has it worded into the policy itself that once they have accepted a claim, they will continue to pay benefits until the employee no longer qualifies (either because they are medically improved or because the benefit period has expired). I've never seen one (or even heard of one) that had a caveat that the employee would have to pay premiums to continue receiving the benefits.

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