Can an employer fire you after returning from short term disability?
The Family Medical Leave Act provides 12 weeks of job protected leave, and applies to employers with 50 or more employees. If you are out of work longer than 12 weeks, and/or your employer has less than 50 employees - you can be fired.
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Can you receive short term or long term disability for pregnancy if you doctor puts you on light duty but your employer cannot accommodate this light duty or any other job at the company?
Most likely, yes. File a claim and have your doctor complete the Attending Physician's statement as well as your specific limitations and restrictions. Then have your employer provide you something in writing, stating that they cannot accommodate your limitations and restrictions. Provide this docum…entation to the insurance company along with whatever other paper work they require.. Check your policy for key definitions:. Own occupation policies will pay a benefit if you are unable to perform the material and substantial duties of your job. . Any occupation will pay a benefit only if you cannot perform any work. . Total disability . Partial disability (MORE)
Can you get short term disability insurance if you are pregnant and have coverage through your fiance's company and did not elect short term disability at open enrollment with your employer?
Answer . Its sort of like wanting to buy Life Insurance after you die isn't it? I am sure you can get SDI but not to pay you when you take maternity leave.. There are three parts to this question and answer: 1 - You can obtain short term disability coverage if you are already pregnant. It wil…l cover you for accidents and illnesses only. Your future pregnancies will be covered if you continue the policy. 2 - Open enrollments are attached to programs you select on a pre-tax basis - per IRS Section 125 rules. You can pay for short term disability on a post tax basis, and enroll at any time. When you pay the premium using post tax dollars, your benefit is tax free. 3 - You should get short term disability at your place of employment. If your employer does not offer the option, its easy to ask for the benefit since you are paying the premium, not your employer. You do not qualify for benefits at your fiance's employer until you are married. (MORE)
If you need to go on short-term disability to treat alcoholism does your employer need to know that this is the reason?
Answer . I doubt it - HIPAA privacy and all. . Answer . No. Your short term disability insurance company will determine if it is a covered event. All your employer needs to know is that it is a qualifying event. A good HR department would never ask and would not want to know why. There expos…ure to privacy law violations would be way to high. (MORE)
If you became pregnant while covered by a short-term disability policy which covers pregnancy but then you switched employers are you still covered by the former policy?
Answer . Good question.. Were you on disability when you switched employers?. Is your question if the time on the 1st policy counts towards the pre-x period on the second policy like it does for health insurance?. Did the prior employer give you a certificate of credible coverage for it?. Wha…t do the terms of both policies say?. It doesn't appear that Disability counts as group health under HIPAA per section 1171. In addition to the above, many supplemental short term disability policies that are sold in the workplace have a portability provision. That means you can elect to continue with the policy on a direct bill basis. Your coverage remains intact if you continue to pay the premiums. Check your policy for this provision. (MORE)
If you are 6 weeks pregnant and it is too late to sign up for voluntary short-term disability offered by your employer are there any companies that will provide a short term disability policy?
Certainly there are but your present condition would be exluded. . You can still apply even if you are already pregnant. Your pregnancy and maternity leave will not be covered, but you will have income replacement in case of accidents and illnesses. Keep the policy, and future pregnancies and mater…nity leaves will be covered. (MORE)
The rule of thumb is that short term disability insurance will cost about an hour's wage per week in order to replace 2/3 of your income for 12 months. For example, a person earning $20 per hour and working 40 hours per week earns $40,000 per year or $3,333 per month. 2/3 income replacement would… equal 2,200 per month of coverage. The cost for this coverage would be $20 per week, or $1,040 annually. Actual cost will be based upon your occupation, the industry of your employer, your state of residence, your age, etc. (MORE)
Georgia does not have state disability insurance. You need to approach your employer, and ask to make the option of short term disability coverage available to you and your co-workers. It is something you would pay for yourself through payroll deduction, so there is no direct cost to your employe…r. (MORE)
Can an employer deny short term disability if you dont carry their insurance they don't have light work?
Answer . I'm not quite sure I understand your question. What does light work have to do with it? Here's information on CA Mandatory Short Term Disability http://www.edd.ca.gov/direp/diind.htm
If you are receiving short-term disability income benefits and you decide to quit your job will you have to reimburse your employer for the percentage of your income you received during your leave?
NOT ONLY BAD QUESTION but ILLOGICAL - first you collect INSURANCE Benefits - not PAY (this money comes from insurance policy that you and/or employer pay into) - - You don't return any "insurance benefits" from anybody - unless they can prove your disability a fake. I'm guessing your short term disa…bility is a personal health issue - and you're ready to go back to work, except you don't want to work for your old employer. If you want to get a new job - don't mention your short term disability to new employer. If new employer looks like they want to confer w/old employer - just cop a plea - like working for them made you sick! and now you realize that you need a different employer cause you Love what you do, and you want to work for someone who appreciates you! Well I could go on forever - but insurance proceeds are not PAY - and if they were you would have to pay income tax on them - so go ask IRS agent about your liability for next years income taxes. Best way to check that is to look at checks you getting from Insurance company - if pay - they're taking out FED/State income taxes. (MORE)
Answer . Yes. Once it has been determined by your medical doctor that you are able to return to work again, you are expected at work the next day. If you fail to show up for work, the company may consider it a 'voluntary quit' and/or terminate you.
Short term disability replaces your income if you become injured or sick and can't work. The benefit period is limited to 3, 6, 12, or 24 months. The policy stops paying benefits if your disability lasts longer than the benefit period.
Massachusetts does not have state mandated short term disability. You can get coverage through your employer. Just ask them to make a voluntary short term disability policy available to you via payroll deduction. You pay for the policy.
Perhaps the plan is only for a specifc category or job function. You can still get your own private SDI coverage. I can help. 4LifeGuild
Are short term disability benefit payments taxable for an employer provided and paid short term disability plan?
Answer . Yes, all employer paid benefits and wages are taxable. There is a way around that if you are an executive. 4lifeguild
Generally speaking, this depends on who paid the premiums. If you bought the policy yourself with after-tax dollars, (it didn't come out of your paycheck before taxes were figured) then it should be tax free. If your employer paid for the policy, then the IRS considers it taxable income.
Can your employer cancel your health insurance when you are on short term or long term disability because you did not make a payment on your insurance like is normally done through your paycheck?
Your employer's obligation to pay premiums normally stops when your paycheck does, that is, when your medical and personal leave is exhausted, and there is nothing left to deduct the premiums with. When that happens, the insurance company, not your employer, cancels your health insurance for lack of… premiums. There are many ways to avoid this tragedy, including donation of leave by co-workers, if permitted, to keep the paychecks coming, or employer paying premiums for you until you are able to return to work. Good luck. JJ (MORE)
FMLA is set up to protect your position if you need to leave for health reasons, or for family emergencies or care. It is not a paid program. The only way to receive pay during FMLA, is if you have enough Benefit time(sick, personal, holiday). Short term disability is an insurance policy set up by t…he employer to pay you if you are unable to work due to illness, surgery or followup treatments. It's in your best interest to go on short term disability and at least receive a partial salary. Unless you have a LOT of benefit time saved up, you won't get paid at all. But when you recover, you'll still have a job. (MORE)
Short term disability policies offer a variety of benefit periods (how long the benefit lasts): 3, 6,12, and 24 month benefit period options are very common. Check your policy for the benefit period.
If you are on short term disability in Indiana from your current employer can you accept another position from a different company I am on a medical leave approved by my doctor and can return soon.?
This is for Canada, but I'm pretty sure the same would apply in the US. The short answer is no, because most employers will have an exclusivity clause in your contract that means you cannot work for another employer while you are with them, and you are still under contract while you are on disabilit…y. You can probably quit your job while on disability and not be adversely affected, but I would definitely suggest reading your contract before doing this to make sure your employer won't be trying to recoup the disability payments. You might also find that your employer would terminate your disability if you gave notice, although I'm not sure of the legal background to this (employment law is very vague in Canada). (MORE)
Short Term Disability Insurance replaces a portion of your income should you become sick or injured and unable to work.
Your short term disability benefits, and any employment decisions are unrelated to one another. An insurance carrier pays your benefit. Your employer may be bound by FMLA rules and regulations if there are more than 50 employees. FMLA requires your employer to hold your job for a specified time f…rame. (MORE)
If your employer does not provide maternity benefits can you get short term disability in Colordado?
Short term disability is a great way to create maternity leave pay for yourself, while also protecting your family in case of pregnancy complications, delivery complications, premature birth, accidents and illnesses. Short term disability is available in Colorado as a voluntary employee benefit. …There is no direct cost to your employer, as you pay the premium via payroll deduction. (MORE)
It's difficult to know the percentage of employers offering short term disability. There is no state mandated program as in other states. Short Term Disability is available to most employers as a voluntary employee benefit. Because you and your co-workers will pay the premium via payroll deductio…n, it's easy to get your employer to agree to offer the benefit. Your employer only needs to forward your premium to the carrier once a month. (MORE)
Can you purchase a second short term disability insurance if you already have short term disability insurance through your employer?
Yes you can get supplemental coverage. Most carriers will limit the total benefit amount to under 70% of your income. For example, if your current policy replaces 35% of your income, you can purchase a supplemental disability policy to replace an additional 35%
Last april 25 i have torn and ligament surgery i was in short term dissability that time and i receive a notice from my emplyer that my fmla exhaust july 31st 2011 but up to now already october 2011 iwas still cannot go to back to work.so this coming october 25 my ltd will start kicking in i dont kn…ow when my doctoer will release me to go back to work because the mobility of my left hand is not well yet. If my doctor will release me go back to work maybe early next year. Can i still go back to work or im already no job when i come back. My manger called me and told me that she cannot held my job for me when i acked her what do you mean by that when i ask her am i fired she said no. She only told just read the packet that the ltd sent to me. My question is just because fmla exhaust july 31st and im already inltd can i still have a job or im already no more job when my fmla exhaust (MORE)
Assuming that you are referring to short term disability insurance, it is intended to replace income when the insured is unable to work due to an injury or medical condition that is not excluded by the terms of the policy. The reference to "short-term" distinguishes the coverage from long-term di…sability, which, assuming conditions are met, can have payments that last for years. Short-term disability policies ordinarily provide benefits from anywhere between 60 days to a year or so. Many employers offer short-term disability coverage as a benefit of employment. The amount of the benefit is usually based upon the employee's earnings at the time of disability. It also usually declines over the term that benefits are paid; for example, it may pay 100% of lost income for the first month or so, and then slowly decline toward the end of the term. Short term disability plans can also be privately purchased from insurers. Like many other forms of insurance, these kinds of policies may be "medically underwritten", meaning that whether or not an applicant qualifies will depend upon health history. Likewise, the insurer will be interested in earnings history, because the purpose of the coverage is to replace income, not to be a money-making proposition for the insured. It is very important to ensure that any insurance that is purchased is issued from a licensed insurer (sometimes called an "authorized" insurer), and that the insurer is authorized to issue insurance in your state. This information can be obtained through the office of the state insurance regulator in the capitol. Be sure to find out from the agent/insurer the name of the entity that is financially responsible for the payment of claims, as it is that entity that must be licensed. A product name that sounds familiar is not sufficient and is not a guaranty. (MORE)
Wisconsin does not have state mandated short term disability insurance. Benefit checks are sent by the insurance carrier that issued the policy - not your employer.
If you are on maternity leave from work and your employer will allow you to work from home can you collect short term disability too?
Being pregnant is not a short term disability issue and definitely was not caused by a work place incident.
Every state has different labor laws but generally no, most employers require you to be 100% fit(no restrictions) before they will allow you to return to work. EXCEPT, those larger employer subject to ADA must not require that you be 100% fit - but only able to perform the ESSENTIAL functions of …your job with or without reasonable accommodation. (MORE)
If you are released to return to work after being on short term disability and no work is available can you apply for unemployment insurance in Illinois?
Because the disability and lack of available work were no fault of your own should be no reason you would not be eligible for unemployment, on those issues.
Can I be fired while being on short term disability. I was even urged by my employer to go ahead and take the time to get well.
Yes, unless you pay/reimburse the employer for the insurance premium out of your own pocket.
An employer can discontinue employment for multiple reasons, including your inability to work. If your short-term disability was through your employer, and you didn't have a long-term disability insurance policy, your employer is not obligated to continue paying your salary or sick-pay benefits beyo…nd your short-term disability policy. (MORE)
Short term disability has a defined benefit that ends at a specified time. For example your policy may have a 3 month, 6 month, 12 month, or 24 month benefit period. If you are disabled for maternity leave you may be able to extend your benefit if your doctor provides a medical reason for why you… can't work. The typical maternity benefit is six weeks for vaginal birth, and eight weeks for a c-section delivery. This leaves room for you to extend the benefits before you reach the benefit period limit. If you remain disabled beyond your policy's benefit period you will not be able to extend the benefits. (MORE)
Yes. If the employer paid the premiums for the disability insurance payments that you are receiving. And you will have some taxable income that you will have to report on your 1040 federal income tax return.
You are more likely to receive a abscence of leave from work. Any pay received will depend on your contract, history and employment term. If unemployed then there are options.
Can an employer fire you if you were on short term disability and under the doctors care and returned to work after doctor released you on the date indicated on the release?
Most employment in the US operates under an "at will" principle, meaning that an employer can fire you pretty much any time they want to, as long as they are prepared to prove the firing was not discriminatory in nature. So, bottom line: Can they fire you? Yes, they can. Can you sue them for wrongf…ul termination? Yes, you can. Will you win? That's what courts are for determining. (MORE)
Alabama does not have state short term disability. You have to buy a private group or indivdual plan.
In many cases yes. Go to irs.gov and search pub 525 and read under "Sickness and Injury Benefits"
Yes, by the federal government only. The IRS, federal student loans, ect. Regular creditors can not.
When an employee returns back from short term disability can an employer put that employee in a different position with a lower pay rate?
Believe this will come down to state by state but in my state no but after more then 180 consecutive days yes after 365 consecutive days they can terminate your employment. Best to call state unemployment office or seek advice from a lawyer. They can tell you if it's a state or federal issue and eas…y enough to google for either. Many people been where you have in your state trust me. (MORE)
Can you receive short term disability from your employer and benefits from car insurance for lost wages at same time?
It depends on the state you live in, the Short Term Disability contract, and other factors. Most employer-sponsored group disability policies will reduce (or "offset") the disability benefit due when STATE-MANDATED "no-fault" wage loss benefits are payable under an automobile insurance policy. On… the other hand, many (but not all) employer-sponsored group disability policies will NOT reduce the disability benefit due when the customer purchased wage loss benefits through their automobile insurance that were NOT required by state law, and it is treated as an individual disability policy. This is a rare occasion when it is theoretically possible to earn as much or even more from the two policies than you were earning prior to the accident. How it works can be further complicated when you are driving in a state other than your home state (for example, when that state mandates NO-FAULT wage loss benefits you may have them even in that state though you didn't know it), driving overseas (where your auto policy may not provide coverage), driving a company car, or driving a rental car with additional insurance purchased. As a result, it is always a good idea to apply for all insurance benefits available even if you suspect your total income may not go up as a result. (MORE)
Is an employer obligated to pay health insurance premiums when an employee goes on short term disability when they normally pay it if employee is not on short term disability?
The employer is obligated to follow its own written policy about employees out on short-term disability leave. The employer cannot, for example, pay for the president's health insurance when she is out on STD leave and then not pay for the entry-level clerk's health insurance when he is out on STD l…eave. If the employer does not have a written policy, then all employees who take a disability leave should be treated the same. (MORE)
Check with SSDI first. If you collect Short Term State Disability, you may have to pay all your SSDI benefits back. The State doesn't always know what they are talking about.
You do have the option to get an individual plan for Short Term Disability Insurance! The advantage is that if you change jobs, you take the plan with you. Same goes for involuntary job loss, you're still covered if you lose your employment. Also, some employer plans do not cover off the job injurie…s or disabilities, while individual plans cover you 24/7 for any illnesses or accidents. You should talk to a good agent (see below) to discuss all options available to you.. (MORE)
Is an employer required to continue paying health insurance benefits if an employee is short term disabled in New York?
No. They are required to continue to offer coverage, but they are not required to continue paying for it. You would be responsible for the full premiums.
An employer can try inquire an employee to return to work, but if your attending physician considers you unable to work, you are still considered disabled. However, employment could be terminated if there are signs that you can no return to work anytime soon. Make sure you have a long-term disabilit…y policy in place, either through your employer, or even better - an individual disability insurance policy. (MORE)
Upon proper application and determination of injury span, a valuation allocation is assessed which is based on rehabilitation of the individual and expense incurred (as well as other attributes such as any independent and public assistance measures that exist). Funding may be issued via an establish…ed agent or medium per access requirements deemed accountable. For example: Medical Disability will most likely be in administration via Medicare and Medicaid per limited social security access payment upon a set time - issued a set expiration card per basis of time frame for medical treatment. Also: if food assistance is allocated due to inability to provide the basics for the duration may be issued as a check and/or debit card system with specified approved locations that may be used as all assistance must be documented via private and public agents that must display upon audit an accountability of benefits used per budget expense and the beneficiary receiving such granted assistance. (MORE)
Benefit payments begin after satisfying the policy eliminationperiod. The elimination period describes the length of time thepolicyholder must be disabled before benefit payments begin. The elimination period is established when completing the policyapplication. Generally policies with shorter elim…ination periodshave higher premium costs, so the answer partially depends upon thechoices made at purchase. There may be separate elimination periods for accidents andillnesses, so the answer also depends upon the reason for thedisability. (MORE)
They can but there is no requirement unless the employer has workers in states with mandates. Five states require coverage: California, Hawaii, New Jersey, New York, and Rhode Island. In the remaining states the choice is up to the employer. It makes sense to offer a short term option as most group… long term disability programs come with long waiting periods before benefits begin - most are six months or longer. Many employees can't lose six months of income. The majority of American workers live check to check. (MORE)