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I have an employee who has lung disease and his being encouraged by his doctor to go out on disabiliy, since he can no longer adequately perform his job. When he goes out on disability, must I pay all
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Disability Benefits

posted at 4/2/2003 7:38 AM EDT
Posts: 2
First: 4/2/2003
Last: 4/2/2003
I have an employee who has lung disease and his being encouraged by his doctor to go out on disabiliy, since he can no longer adequately perform his job. When he goes out on disability, must I pay all his sick, vacation and personnel leave before he can be eligible for disability? Do I continue his medical and other benefits coverage once he is out on disbility. Since this will probably be more long-term disability - I assume I am not responsible for continued benefits coverage.

Disability Benefits

posted at 4/2/2003 7:59 AM EDT
Posts: 1047
First: 4/11/2002
Last: 9/14/2011
There are a bunch of issues you need to address here before anyone can really answer your questions.

1. Is your company subject to FMLA? If yes, then you need to continue his benefits at the same level for 12 weeks.

2. Do you provide short-term disability benefits for your employees? If yes, what is the elimination period in the policy?

3. What does your handbook indicate can be done with accrued vacation and sick time? Some companies require employees to use all their sick time before disability benefits can be issued. Most companies do not require that an employee use all of his or her vacation time however.

Answers to these questions should help point us in the right direction.

Disability Benefits

posted at 4/2/2003 11:10 AM EDT
Posts: 2
First: 4/2/2003
Last: 4/2/2003
The company is not subject to FMLA as it has 10 employees and yes, we do provide STD for which there is an 8 day waiting period.

Our handbook state.. if the employee exhausts his/her sick leave before the insurance carrier approves the employee's STD coverage and the employee is unable to work: The employee will be charged annual leave, or the employee can request leave without pay during the waiting period.

I think our policies need to be revised as they are a bit confusing.

Disability Benefits

posted at 4/3/2003 1:40 AM EDT
Posts: 1047
First: 4/11/2002
Last: 9/14/2011
Since you're not eligible for FMLA, then you are not responsible for continuing payments for medical and dental insurance for this employee, unless your state law says something to the contrary, which it most likely won't. I would check your medical and dental policies to see how long they allow an employee who is no longer at work to continue coverage.

Additionally, you have to take into consideration company precedent. Has this happened before? How did your company handle it then?

Lastly, I would probably be inclined to continue this employee's medical and dental insurances for at least 3 months anyway as a sign of good faith as long as you can afford it. It's usually not a picnic for an employee to be out on disability and with disability insurance only paying a portion of his or her salary, financial times are tight.

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