ADA w/ FMLA + Long Term Disability?

glowFire · Oct 19, 2017

Hi.

Thank you for taking the time to review my information.

My name is Amanda and I work for a school board here in Maryland.

Due to medical reasons (anxiety, depression, PTSD) I am on FMLA. Right now, I am not getting paid -- I had run out of leave. I am going to apply for long term disability (short term disability is offered by a 3rd party company, not the county).

According to our Handbook, Long Term Disability is "...eligible for an employee after six (6) consecutive months of service. After being disabled for 180 days, the employee is eligible to receive a monthly benefit equal to sixty percent (60%) of the employees base salary..."

Now, the question I have is:

I got diagnosed with 2 of these things about a year ago, and one of them in January of this year. Over 180 days. Do I qualify for this benefit, or do would I have to had told them I was "disabled" 180 days ago?

Thank you for clarifying this for me.

Stay cool,

Amanda

cbg · Oct 20, 2017

There is no possible way for us to tell based solely on what you have posted here. It is likely that you would qualify but the handbook is not the determining entity; the plan document is. None of us have read the plan document (or even the rest of the handbook) to know what modifying language might be elsewhere.

However, there is no downside to applying.

ElleMD · Oct 20, 2017

I won't ask which county. Long story short, you have to have been continuously employed and have held the policy for 6 months before any benefit will be paid. If you were hired last January, and signed up for the policy at that time, you qualify.

The second prong is that you must be disabled, as in unable to work, for 180 days before the policy will start paying you. If you have not been off work for that long, you are out of luck. Are you a member of a sick leave bank?

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ADA w/ FMLA + Long Term Disability?

glowFire Law Topic Starter New Member

cbg Super Moderator

ElleMD Well-Known Member

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