How is Concurrent Short-term Disability with Continuous FMLA affected by a Severance Agreement

I went on short-term disability for breast cancer the day before my employer terminated my entire department. Under the STD insurance, I can receive up to 12 weeks of income at a reduced rate (75%) and an additional 12 weeks at a further reduced rate (66 2/3) while maintaining all my employee benefits, including complementary gratis services and health benefits as long as I am eligible for STD under the STD insurance stipulations. However, the cost of these services would no longer be paid out of my paycheck, but I would have to mail them in each month.

They offered us a severance agreement ending all employee benefits at the end of the month but maintaining our health insurance under Cobra for three months at the employer-sponsored rate. During the 12 weeks of severance, I would receive a regular paycheck every two weeks, which would offset any STD payments during that time period. Before being separated I had an STD, a continuous FMLA, and an intermittent FMLA claim (all approved).

Before leaving the company the HR Partner confirmed with the Leave Manager, my situation was not uncommon, and I would still be eligible for my short-term disability insurance since it was approved prior to my termination date.

After separation, they canceled both FMLA claims after I asked if the 90 days of Cobra at the employer-sponsored rate would run concurrent with my STD claim or began after I had exhausted the STD claim. How does this affect my STD benefits besides offsetting STD payments for the first 12 weeks, because I will be receiving my regular pay every two weeks for a total of 12 weeks? And, does canceling my FMLA claims affect my benefits in any other way?

0 answers  |  asked May 27, 2018 2:35 PM [EST]  |  applies to Texas

Answers (0)

No answers were found for this question.

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA

more Virginia Employment Lawyers