Comments on: Short Term Disability - Ohio Employer

By: Caitlin

Caitlin — Wed, 06 Aug 2008 15:20:03 +0000

Hi Latrice! Yes, that’s a really tough situation. Really, only the unemployment office in your state can determine your eligibility. But we’re wishing you and your baby all the best! Caitlin

By: Latrice

Latrice — Tue, 05 Aug 2008 19:39:53 +0000

Thank you for understanding. They have not paid me anything. I was paid from my Personal and Vacation time. This would be the first week I would be paid. But again, according to HR, without my job I lose all my benefits, including Health Insurance and the Short Term disability, which is available immediately upon hire. I think they are just trying to avoid paying me. On another note, I am filing for unemployment. Can they do anything to stop that? Seeing how they forced me to resign?

By: Caitlin

Caitlin — Tue, 05 Aug 2008 19:33:15 +0000

Hi Latrice! We can understand your frustration. The original post didn’t make it clear that the short term benefits were from the employer, not from an insurance policy. But under both state and federal law, the employer was not required to pay the employee anything. So yes, if they paid disability benefits for 3 weeks, that’s generous. They are also under no obligation to rehire you — and many employers would not have even offered. Either way, it sounds like the employer could have communicated the policy to you more clearly. This may be a case of the supervisor or manager not being completely clear on HR matters. If the company has paid short term benefits to other workers who had medical disabilities after being employed less than one year, you may be entitled to benefits, as well. Either way, it’s probably wise of you to hire an attorney. Wishing you all the best — Caitlin

By: Latrice

Latrice — Tue, 05 Aug 2008 19:24:25 +0000

If you lose your job then the employer no longer has to pay the short term benefit. I was looking for more than job security, I was also looking for compensation. So this is generous? To wait 3 weeks after the leave and then decide they can not go thru with the process they advised me to take? I had no idea about that benefit. And, they could’ve told me just to resign in the first place. I’m getting a lawyer regardless.

By: Caitlin

Caitlin — Tue, 05 Aug 2008 19:07:24 +0000

Hi Latrice! Yes, this is very common. Short term disability is usually a form of insurance, and has nothing to do with job security. An employee can receive short term disability benefits, but lose his or her job. The FMLA or federal Family and Medical Leave Act provides up to 12 weeks of unpaid job protected leave, but only for workers who have been with the employer for 12 months or more. This employer was very generous in essentially offering to rehire you in October, when your leave is over. As we noted before, most short term disability policies require the employee to use any paid time off before collecting benefits. Caitlin