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How does short term disability work?

Short Term Disability, return to work problem?

  • I am on STD, my doctor has me out of work until the end of August. My STD claim was approved until July 27th. I was advised on July 28th that Metlife, needed additional paperwork from my doctor and they would approve me for more time. My doctor sent the paperwork to MetLife today, and MetLife has confirmed receiving this documentation. I have reitterated this to my job as well. My job is saying to me that I am expected to be back at work on Sun, Aug. 1 at 7am. The extended time wont be approved until Monday (7/2). I am currently diagnosed with Sleep Apnea/Narcolepsy Cataplexy and pulled (ACL) from passing out and falling in my home. My drive to work is over an hour long. Can anyone advise me of a recourse here. I have contacted my HR dept, i was told it had to be referred to a specialist and I would get a phone call back shortly. I'm still awaiting a phone call back a few hours later. I contacted Metlife, she told me she would have it approved on Monday. My boss is still telling me I have to be to work Starting Sunday until Metlife clears me to return. which wont happen to Monday, I literally can't walk. Everyone is telling me its against the law for my job to demand me back to work before my doctor has released me to return to work. Anyone have any advice at all? Any?

  • Answer:

    "Everyone" is wrong. But "everyone" usually is. Just because you hurt yourself in your home - does not mean your job has to keep a position open for you. Unless you have an employment contract that says otherwise, your job would be fully with in their rights to fire you - doctors note or not. Personally, I'd get some one to drive me to work on Sunday. I'd show up on my crutches with the attitude - I can't walk but I'll be happy to do what ever I can.

Siren at Yahoo! Answers Visit the source

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If your STD is only approved through July 27th, your doctor would need to re-certify that you're incapable of working still. Here's how it's going to work. If MetLife agrees on Monday, that you really CAN'T go back to work, then they'll retroactively cover you. If your 12 weeks of FMLA are up, as of August 1st, your employer no longer needs to hold your job open for you. The ONLY time your employer HAS to hold your job open, is IF you've filed FMLA, AND the 12 weeks aren't up yet. It's not so much about Met, or coming up against the deadline. Your employer isn't required to hold a position open FOREVER. Only for 12 weeks, and only for FMLA. Your issue is CLEARLY not workers comp related, so "everyone" is dead wrong. You can demand whatever the heck you want. Your employer, is demanding that you return to work. If you don't show up, you can be fired with cause - not showing up for work - unless your continued leave is STILL protected by FMLA.

mbrcatz

Your job can require you show up to work or be fired, and that is legal. If they are extending your disability, that has to be approved by Metlife and that information transmitted to your employer. If that does not happen, you dont get any money and have to return to work. You must be taking the wrong medication, and should get that changed. Sounds like you have a mental disabilitty and probably should go on long term disabiity.

Flower

Option 1: Today (Saturday), have someone take you to a motel near where you work. On Sunday, Monday, and whatever other days you need to go to work, you can take a taxi from the motel to work, for much less money than $90, because you are going from a motel near work, not from your home an hour away. Option 2: Most of the population does not work Sundays. For this Sunday, get your spouse or someone else who does not have to work on Sundays to drive you to work, with a wheelchair. Go in to work, in the wheelchair, without driving yourself. Let them decide whether to send you home or pay you to stay. If they tell you not to come on Monday, then have the person drive you home. If they want you to come on Monday, and you will not be able to get a ride Monday, then have the person drive you to a motel near work. Spend the night there. On Monday morning, take a taxi from the motel to work (it will cost much less than $90, because you will be going from the motel near work, not from your home).

StephenWeinstein

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