Questions about Ada papers and insurance permian

[Petalbug]

Jurisdiction

Tennessee

I went out on disability on may 15th. My work has Fmla and Std. I asumed that Fmla and the Std were together but Fmla but Fmla is only for 12 wks and my Std is for 26. My paychecks have been in showing that I have been paying my health insurance Premiums all along but on Oct.31 after my last app with my Dr. I got a letter from my Hr dept.that stats this ADA related form must be filled out by my Dr. given your Fmla leave has exhausted, "months ago", Please return ASAP. "My Dr. refused filling out paperwork stating I was no longer under her care as she was no longer giving me medication." Then states we need to collect full medical and dental benifits. So my first question is who's responsibility was it to get me the ADA related paper that I didn,t even know exsisted, in a timely matter and what happens that I can,t get them filled out. Secondly can my employer go back and make me pay insurance premiums after the fact. My other problem is that the Std insurance Co would not approve my disability for the last 3 weeks that I was out by dr. and I don,t have any accrued vacation because I was out. What can they do about this. I have already had a return physical by my employments medical and have a physical therapy appt on friday. Can they take future accrued time to cover for this.

 

[army judge]

I went out on disability on may 15th. My work has Fmla and Std. I asumed that Fmla and the Std were together but Fmla but Fmla is only for 12 wks and my Std is for 26. My paychecks have been in showing that I have been paying my health insurance Premiums all along but on Oct.31 after my last app with my Dr. I got a letter from my Hr dept.that stats this ADA related form must be filled out by my Dr. given your Fmla leave has exhausted, "months ago", Please return ASAP. "My Dr. refused filling out paperwork stating I was no longer under her care as she was no longer giving me medication." Then states we need to collect full medical and dental benifits. So my first question is who's responsibility was it to get me the ADA related paper that I didn,t even know exsisted, in a timely matter and what happens that I can,t get them filled out. Secondly can my employer go back and make me pay insurance premiums after the fact. My other problem is that the Std insurance Co would not approve my disability for the last 3 weeks that I was out by dr. and I don,t have any accrued vacation because I was out. What can they do about this. I have already had a return physical by my employments medical and have a physical therapy appt on friday. Can they take future accrued time to cover for this.

I suggest you start by asking ALL questions related to your disability of your HR or Benefits department, or whoever the appropriate official is in your organization.

The concerns you have can be quite complex, but HR, benefits, or someone working for your employer knows the answers, or can get the answers you seek.

 

[ElleMD]

If you are no longer under a doctor's care, you return to work or resign. FMLA is leave, STD is income replacement while on leave whether it qualifies for FMLA or not, and ADA is a law which requires employers provide a reasonable accommodation to allow an employee with a disability to perform the essential duties and functions of the job.

FMLA ends after 12 weeks. At that point, your employer *may* grant additional leave, but how much depends upon company policy. Under ADA, short extensions may be considered reasonable if at the end, the employee is expected to return to full duty. How long of an extension is reason varies based on the job, business, and lots of other factors. It is not a one size fits all situation. It is the reasonability of the employee requesting the leave to make the request and provide any requested documentation to support the need for leave, as well as the duration. If you are unable to obtain documentation of a qualified disability, you do not qualify under ADA. (There are a few exceptions, but aren't relevant here)

During FMLA only, your insurance premiums must be paid by the company at the same contribution rate as if you were working. You are still responsible for any portion you normally pay. Once FMLA ends, you can legally be held responsible for the full premium. Your FMLA expired on August 7.

STD is just an insurance policy which pays some percentage of your wages if you are off work for a qualifying reason. It is not leave. The terms of your policy define under what conditions you are eligible for this income replacement and what documentation must be submitted in order to substantiate a claim. I have never heard of a policy which would pay for intermittent absences, though anything is possible. Any appeals for benefits are also governed by your policy documents. Typically your denial letter will also explain this.