Options after FMLA ends

[Lynne7314]

I have had a number of serious health issues going on over the course of the last year. I was out on STD & FMLA for 6 weeks - returning to work at the end of August 2013. I am back out again on STD and using the rest of my 6 weeks of FMLA - hoping and praying to return to work at the end of June 2014. I have no diagnosis, and my quality of life is severely being impacted. If I can return to work at the end of June - then according to my company my FMLA refreshes at the end of August 2014 - and I get another 12 weeks. I hope I never have to use them - but at this point I am glad there are there in case. I am more concerned about if I am not able to return to work. I am in no shape to interview for another position any time soon. My main concern is getting better - however I have been with this company for 7.5 years and I am a sales rep who despite my health issues came in 4th in the country last year. I am not a slacker... I am seriously struggling. If I am not able to come back to work in 6 weeks - I want to understand my options. My company does have a LTD plan. 1. So if I have to stay on on short term disability due to my health - and if my company lets me go day 1 after my fmla runs out - do my short term disability paychecks stop or continue? 2. What about my insurance - would that end? And if so - is it better to do Obamacare or a Cobra? 3. I work for a large company - I imagine they would offer me a severance package... if they do offer me a severance package what would be fair (my company is a large company and I have seen them offer two months plus benefits for someone who worked there 9 years - and I have seen them offer 9 months + benefits for someone who worked there 30 years, and I have seen them offer 6 months +benefits to someone who had just returned to work after surviving breast cancer). Since I can't interview and since I have a known health issue I would personally like a year of income and benefits - but someone mentioned I would probably only offer 3 months. I am wondering what is fair for me to negotiate for - that I can probably get away with - in your opinion. 4. when I am healthy and ready to interview - what can my company legally say about me and why I was let go? 5. what if my company instead of letting me go - offers me another lower paying job... would it be in my best interest to just take whatever they give me for the benefits? Thank you so much in advance. There are so many what if's right now and I'm trying to take things one day at a time - but I am also someone who likes to be as prepared as possible for what could happen. I have a feeling my level of income is about to drastically change

 

[Proserpina]

I'll let the others answer the meaty parts, but honestly? I wouldn't expect severance and PA does not force the issue either.

 

[cbg]

and if my company lets me go day 1 after my fmla runs out - do my short term disability paychecks stop or continue? That depends on the wording of your disability policy but it would be highly, highly, HIGHLY unusual if they stopped.

2. What about my insurance - would that end? And if so - is it better to do Obamacare or a Cobra? Yes, your insurance would end. It might end on the last day of employment or it might end on the last day of the month following; that depends on the terms of your policy. But it would end. They have no legal obligation to continue your insurance once you are no longer employed. As to whether you should elect COBRA or the Health Exchanges, that depends on your needs and the available plans; it's not a one-size-fits-all answer.

3. I work for a large company - I imagine they would offer me a severance package... if they do offer me a severance package what would be fair Severance is not required by law and not often offered when someone is unable to return to work for medical reasons. IMO if they offer you any severance at all, grab it. Offering any at all is a true gift and you are not in a good position to be negotiating for more under these circumstances

4. when I am healthy and ready to interview - what can my company legally say about me and why I was let go? Anything that is true, that they have valid reason to believe is true, or represents their honest and supportable opinion

5. what if my company instead of letting me go - offers me another lower paying job... would it be in my best interest to just take whatever they give me for the benefits? Without knowing what job and what benefits, there's no possible way to answer that blind.

 

[army judge]

Lynne these kinds of questions are better discussed with people you love, value, and trust.
That could be your mother, your brother, your significant other, a best friend, etc...
I suggest you share with them, too, as well as a lawyer, a religious leader, etc...