question

[Elaine]

If an employee uses up the full 12 weeks of FMLA, but is still drawing STD, can they be terminated even though STD has not elapsed? Can you point me to the actual law that states this? I have found information regarding FMLA, but it doesn't say what happens once FMLA has ended but STD is still paying the employee. Thanks to anyone who can help!!!

 

[army judge]

If an employee uses up the full 12 weeks of FMLA, but is still drawing STD, can they be terminated even though STD has not elapsed? Can you point me to the actual law that states this? I have found information regarding FMLA, but it doesn't say what happens once FMLA has ended but STD is still paying the employee. Thanks to anyone who can help!!!

I suggest you discuss this with your HR Manager and the insurance company paying your STD.

I can tell you that FMLA has nothing to do with you receiving STD.

I suspect you'll receive STD as long as you're certified as disabled, or uncertified and able to resume work duties. Those work duties need not be performed at your current employer, simply that your health is restored, as stated by a physician.

 

[Elaine]

I am actually a supervisor trying to find out my options since an employee still has not returned to work after FMLA elapsed. HR is insisting that the employee's job is still protected since he is receiving STD. From what I can read in the regulations, this is not correct.

The employee keeps getting his leave extended by a week or two at a time and is stringing me along, when I really need to get staff in here to work because we are getting buried. I need him to make a decision if he will return or not, and give me a timeline, so I can either hire a temp or replace him. I just want to know if HR is correct - employees on STD are still protected. I think it's an excuse because the employee is a minority and they are afraid of a lawsuit.

 

[army judge]

Again, STD has nothing to do with FMLA.
If he's certified unable to work, his job is protected by corporate policy, not FMLA.

He's being paid out of insurance funds, nothing to do with leave balances.

That minority talk is only fuel for a very big fire that could char you to a crisp, it's very flammable talk. If I were you, I'd keep this comments in my head, and not allow them to cross my lips. That IS how companies not only get sued, but lose!!!!

I am actually a supervisor trying to find out my options since an employee still has not returned to work after FMLA elapsed. HR is insisting that the employee's job is still protected since he is receiving STD. From what I can read in the regulations, this is not correct.

The employee keeps getting his leave extended by a week or two at a time and is stringing me along, when I really need to get staff in here to work because we are getting buried. I need him to make a decision if he will return or not, and give me a timeline, so I can either hire a temp or replace him. I just want to know if HR is correct - employees on STD are still protected. I think it's an excuse because the employee is a minority and they are afraid of a lawsuit.

 

[Elaine]

Thanks for your help. By no means do I care what gender, race, etc. he is nor have I spoken of it except here. I just want to know if HR is using an argument that is not supported by law/regulations. If he can come back to work, that's fine - but if he isn't planning on it, I want to know what my options are, if I can demand a more firm timeline since he is outside FMLA, etc. Instead, I'm getting stonewalled by this STD argument which doesn't have a leg to stand on from what I've read.

 

[cbg]

If FMLA has expired then the employer MAY terminate. However, that does not mean that the employer MUST terminate.

An employer is free to continue employment till the end of STD or even the end of LTD. As stated above, in NO state does the law say that the employee is protected until STD runs out. But likewise, in NO state does the law prohibit an employer from allowing leave over and above FMLA.

In what state is this? There are some states that require a longer leave than FMLA provides, even though it doesn't say anything about STD.

BTW, STD is not leave. STD is how you get paid while you are on leave.