FMLA questions

[yellowrose]

I am currently on FMLA for my 12 weeks, I have applied for my disability but fully expect to be denied of course. I have not told my employers that I have applied, not wanting them to know while I am off. I wondered if anyone knew what the law required in the US on this. I live in Tennessee and used to be up on all of the HR laws but my mind and memory...well you know...LOL

While I am on FMLA I just have to pay my portion of the health insurance which is really good but my 12 weeks is running out soon. Can you be fired after your twelve weeks or can it be extended?

I know you can draw unemployment if you are fired and that would even help more than now. I can't call the state since it is a holiday weekend and just wondered if anyone was familiar with this.

I am not looking forward to COBRA payments but know I will have to have it since it is cheaper than my medical bills.

If they would keep me on leave it would help me but I am not sure they will. I read some of the posts but my mind is zonked out now.

HELP please, I draw strength for everyone here and hope someone knows about this. I will call on Tuesday but it's on my mind now and once it's there it gets stuck.

[LupusCat50]

Yellowrose,

I'm from WV and am somewhat familiar with FMLA. I don't think that it can be extended because it is for a 12 week period only. Have you applied for a medical leave of absence without pay? Is this a possibility in your state?

[Tom]

:wave:

12 weeks is federal protection that keeps you from losing you job under proper guidelines and/or doctors orders. If your doctor states not to return to work, you need to check if your employer has short or long term disability benifits. In my case, I was able to draw pension disability benifits.

SSI takes a long time for most, and you cannot be working to get it (There is a clause about failed attempts to work within a certain timeline). I'm not sure on the unemployment thing since you are suppose to be able to, and be looking for work in most states in order to receive it.

It has been a year since I filed for SSDI at this point, and am waiting for a hearing now. The approval system is the worst, but at least the backpay is something to look forward to. :thumbs:

I have learned a lot reading old posts here about SSI/SSDI. Just read as much as you can and go back to it later, that's what I did anyway. :hehe:

Take care and good luck!

[superbabysmomma]

Yellowrose-FMLA is a federal thing. IF you need off longer than 12 weeks, you may/should be eligible for short or long term disability through your employer.
I got really sick after using up my 12 weeks of FMLA for maternity leave and my old employer was generous enough to give me an extra 5 weeks off while I received short term disability. They also paid my health insurance premiums for me while I was off.
When they wanted me to come back and I was unable to, they let me go due to health reasons and I could still collect short term disability until my doctor released me.
SSI benefits can be difficult to get, from what I'm reading, and take a long time.

Good Luck.

[yellowrose]

Thanks, I hadn't thought about the unemployment only working if you are able to look for work DUH, I told y'all my mind wasn't working.

My employer gave the option for short and long term diasbility coverage when hired but since I had taken a big pay cut to take this job I couldn't afford it at the time, hind sight is always 20/20 isn't it. I have since learned that you have joined at any time and not only on hire date but it was too late when I found that out.

I will have to check on a medical leave of absence, hadn't thought of that one either. Yes two or three (or four) heads are better than one.

Tom, you said ssi took a long time, are you talking about ssdi? Disability? I have applied for SSDI but it hasn't even gone through the first round yet.

I think I'm in trouble......Why do they make it so hard on people that can't afford it

[raggedyann1]

Yellowrose,

Beyond the 12 weeks of FMLA it will depend on the laws in your state and the policy of your employer. In California they have to keep your job open for 6 months. My employer made me pay the full insurance amount after the first month of disability. The good thing for me was the Cobra law didn't start till I was officially let go after the 6 month mark. I was fortunate to have std and ltd thru my job that the employer paid for.

SSI is usually very quick it is the ssdi that can take awhile. Technically you should have the first decision in 4 months for me it was 9 months but I was approved so I didn't care that it took so long.

Make sure to stay in contaact with your ssdi case person, call with any new symptoms that crop up, new meds and new doctors.

Take care,
karen

[flowergarden]

Yellowrose, I also asked my employer for a medical leave of absence without pay and received it for 7 months. I resigned the day before I applied for SSDI. I paid for my med. insurance until I resigned. Then the COBRA kicked in. I had to start paying 102% (the additional part is for administrative costs for my former employer). I can keep the COBRA for 18 months, or 29 months if I get SSDI (to cover me until I get Medicare).

My employer wanted to get rid of me in the worst way, so I guess this worked out well for both of us, but it sure was stressful as I was figuring it out.

Don't know if that helps. Hope so. :flowers: