Pregnancy disability

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Pregnancy disability

Post  ZealandandKingsley on Mon Sep 08, 2008 11:06 pm

My company has the right to terminate if out for longer than 90 days on disability. If I have a Dr's note for longer than 90 days can my company terminate me before the end of the 90 days and not pay me my benefits because they know I will be out longer than 90 days? Would it be easier to get a Dr.'s note for exactly 90 days, to get the benefits, then have them terminate me on day 91? TIA

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Re: Pregnancy disability

Post  JoeC (McGruff) on Mon Sep 08, 2008 11:32 pm

What about returning to work on the 89th day, would that start a new 90 day calender? Also what state it makes a difference in the answer?
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Re: Pregnancy disability

Post  ZealandandKingsley on Mon Sep 08, 2008 11:50 pm

Georgia. And that is a good question. I know you can only have so many FMLA hours per year and with my last pregnancy I used FMLA and Pregnancy disablity together. But I am not sure if I can be gone 89 days and return for 1, then leave again. Would anyone here know? I'd be afraid to ask HR, they might suspect I am trying to rip them off. TIA

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Re: Pregnancy disability

Post  JoeC (McGruff) on Mon Sep 08, 2008 11:56 pm

Oh they defiantly will think your trying to rip them off, they would more than likely amend the policy after you asked a question like that. Also Georgia is a tough state. They adhere to the at-will presumption so strongly they are one of few if not the only state left that can legally fire you for filing a workman comp claim.
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Re: Pregnancy disability

Post  ZealandandKingsley on Tue Sep 09, 2008 2:05 am

In the standard GA disability claim forms...it asks how long a patient/employee is to be out and on page 10 of 11 it asks if termination is scheduled I wonder if that means they would pay me for the first 90 days then schedule the termination for they 91st? Stupid backwards GA (I am not from here)

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Re: Pregnancy disability

Post  bears00 on Wed Sep 10, 2008 4:37 am

Don't confuse disability payments and leaves of absence. They are not the same. Disability is money, and leave is time. While GA may very well have a disability plan (I didn't think there was a state sponsored plan there, but I could be wrong), leave time is totally different.

Save some statutory entitlement from the state of GA (which I don't know of any), if you have used all of your FMLA leave, the company has no legal obligation for you to remain employed with them.

You MIGHT be able to at least file suit based upon an implied contract; however, I think that would very quickly be defeated by the fact that you have already exhausted FMLA leave.
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