Human Resource Blog

STD and termination

State of Massachusetts, FLMA comming to an end, termination, on STD, what happens to benefits (STD)

That depends upon who is paying the STD or short term disability benefits. Only five states have STD that is paid by the state, and Massachusetts is not one of them. (They are California, Rhode Island, Hawaii, New Jersey and New York.)

When the employee is unable to return to work after using all FMLA, he or she will probably be terminated.

In states like Massachusetts, disability benefits are either a) provided by the employer or b) provided under an insurance policy. If the benefits are provided by the employer, they will cease when the employee is terminated. Employers do not offer benefits to ex-employees — only to current ones. If the STD is paid under an insurance policy, the benefits will probably continue, under the terms of the specific policy. Many policies limit benefits to 13 oe 26 weeks, although some provide benefits for 52 weeks.

If the employee has a permanent disability, he or she may qualify for benefits from Social Security.