Work Disability/FMLA folks here?

Discussion in 'Family Life - Stories, Pictures & Updates' started by booker81, Sep 18, 2010.

  1. booker81

    booker81 Redneck Tech Girl

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    Really dumb question, I'm just curious, and it's the weekend, so can't call HR or UNUM the disability company....

    I was on FMLA and Short Term Disability for my original knee surgery from 07/15-07/30.

    I have something like 300+ hours of FMLA left.

    I had additional necessary surgery done on 9/10, outpatient (same doc, same hospital, same knee). On 09/14, I was readmitted to the hospital, discharged on 9/15 (incorrectly, and filed a complain), readmitted 12 hours later on 09/16, surgery again on 9/16, and finally have been released on 09/18. I currently have an open wound that is draining, and will be going back to the doctor office on 9/21 to have it sewn up again.

    I rejected the sutures and needed the 9/10 surgery to remove them, developed an infection, and the 09/16 surgery was to open and remove pooled blood, infection and hematoma. I've been on IV antibiotics from 09/14 through 09/18.

    Now, since this is all the same knee, surgeon and hospital, and complications I guess from the initial surgery and therefore claim, would this all be "under" my old claim? For my job - we have to take one week paid and then get our 60% disability checks. Would I just go to having 60% disability checks for the 14th through whenever I'm back to work (guessing 09/22 if I'm feeling fantastic, or 9/27 if I'm having more issues)? Or do they generally start a new claim and timeline?

    Or is it different everywhere, and I just have to shut up and wait til business hours?

    My doctor will sign off on whatever time off is needed. My company is pretty generous about disability and time off, but I think I only really have 6 days off. I've been in constant contact with my manager, and she contacted HR to have my packet sent home for disability.

    Thanks!
     
  2. debilorrah

    debilorrah The Great Guru of Yap Premium Member

    Depending on the company's policy, they may allow you to use your vacation and sick time that you have accrued. The employer is only MANDATED to keep ANY job open for you until the FMLA is exhaused, however if they are nice about it, they CAN keep it for you. Disability payments should not run out, ever. As long as you are disabled, those payments will continue.

    FMLA is there to protect people from getting fired for being ill or taking care of an ill family member and has nothing to do with your disability payments.
     
  3. booker81

    booker81 Redneck Tech Girl

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    I know they will FMLA this if needed, based on my time off, I might exhaust my leave accrued (they are a generous place, but I'm thinking I might not have 1.5 weeks left, but again I might.

    I just can't remember how the Short Term Disability part works - if I can start a new claim or if I can piggy back this time off on the old claim and just get back on again.

    Either way, they are holding not only my job for me, but have stopped the interview process for a position I was interested in, and are holding that for me as well. They are ALSO holding the counter offer that is being made on that position. This is from the director and VP of the company.

    If I can piggyback my Short Term disability, I won't use all of my time up. If I can't piggy back it, I will use my paid time up.

    Either way, I still have the job, just don't know which "system" my pay will come from LOL.

    (I am on some hefty pain meds right now, so if I'm not making sense, it's not you, it's me [​IMG] )
     
  4. debilorrah

    debilorrah The Great Guru of Yap Premium Member

    No you make sense!!! I have a heavy HR background. All benefits are relative to the company, so I cannot help you there. Do you have short term disability insurance? If so, that will make up the other 40% of your salary that you are missing with disability payments. If this continues on longer than 6 months, do you have long term disability (both short and long term through your company). A person pays for state disability through taxes, and that is what you are probably receiving right now. Once your FMLA hours are exhausted, you should be able to apply for wage reimbursement through your short term disability benefits.

    Sounds like you work for a great company. There are so many out there that would have replaced you immediately. I HATE it when they do that. More companies need to value the person more than just getting the job done. A person who has been in place in a position for 2 or more years is FAR more productive than a new person.

    Let me know if you need anything else!
     
  5. booker81

    booker81 Redneck Tech Girl

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    Yes, I have short term and long term disability insurance through work - the 60% is from that. They give the option of making up the 40% with Personal Time, so for each day I'm off, I use 3.75 hours or something (7.5 workday), and my paycheck will be 100%. I pay into short term and long term disability (minuscule amounts, but DEFINITELY worth it!)

    So right now, my options are to use all of my personal time, about 50-60 hours left I believe (they are generous with personal time - I started the year with 120+ hours). Second is to go on STD (short term disability, too long to type). That's where I'm confused.

    1) Do I have to start a new claim, and take one week using my personal time, then go to the 60/40 pay?
    2) Can I ride back on my old claim, and start right off at 60/40 paid, and not need to use up a whole week if personal time?

    It's safe to assume the best, as I'm continually impressed with my company's employee practices. STD is confusing to me. If it helps, its through UNUM.

    Thank you for helping me!!

    As for my company, they REALLY value their employees, and are very big on seeking out and awarding good workers. Right now they've halted candidate selection until I'm back, as I was probably going to be offered a job in a different department. Also halted is the counteroffer that is being created to entice me to stay in my department. Both sides have told me to please rest, get better and don't worry a bit, they will wait until I'm well to start up again. THAT is worth a lot to me!!
     
    Last edited: Sep 19, 2010
  6. booker81

    booker81 Redneck Tech Girl

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    Well, been reading LOL, and I think I have to wait until they are open, find out if I can "renew" my claim from July, otherwise I have to start a new one. At this rate, I might just start a new one, and take the week off to heal. I think going back so soon from the 9/10 operation helped cause the hematoma, which allowed for infection [​IMG]

    HR did send home the FMLA and STD packet, so I'll get that rolling, and have the doc office take care of it, if I don't need to use it, then I'll just cancel. [​IMG]
     

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