1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

ADA w/ FMLA + Long Term Disability?

Discussion in 'Medical Leave & Disability' started by glowFire, Oct 19, 2017.

  1. glowFire

    glowFire Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Maryland
    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
     
  2. cbg

    cbg Super Moderator

    Messages:
    8,449
    Likes Received:
    1,589
    Trophy Points:
    113

    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.
     
  3. ElleMD

    ElleMD Well-Known Member

    Messages:
    3,032
    Likes Received:
    496
    Trophy Points:
    83
    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?
     

Share This Page