Salary Exempt Employee several questions

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JLB77MLB

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In the neginning of July I was asked by my physician to stay out of work for some medical reasons, and an emergency brain scan. Needless to stay, I was already in a stressful position at my job and he felt that less pressure would be best at this time. Other medical issues were also being card for at this point.

I am on salary and exempt. My question is besides not getting paid for overtime, what benefits do I have? I am out of sick, personal, and vacation time for the year and I am not to be reevaluated to return to work until August 11th. Should I still be receving my salary? Also, I carry the insurane for my family and am afraid that if I switch to my husband's insurance they will deny me as having a pre-existing condition. I cannot afford Cobra and not having any money coming in is putting a tremendous amount of stress on me. I am trying to sell our house and then we would only need the one income, but in the meanwhile, I am really stuck. My company does not offer short term disability - only long-term disability. If I take a leave of absene would it disqualify me for long term disablity or would I be eligible for unemployment?

I know my health is more important I have two small children and my husband and we have moved in with my parents in the meanwhile.

Any advice would help or if anyone can direct me to some free advice in case I have any more questions. I do not plan to be out of work forever, I think I would go out of mind if I did. I have never been unemployed and I don't know how to do this. PLEASE ANY HELP IS APPRECIATED!
 
Being exempt does not provide you with any of the sorts of benefits you seem to be concerned about. The law does not require that you be paid your salary for any week in which you do no work at all, regardless of the reason. (It would be different if you were having to leave work early, although you could be required to use vacation or sick time to cover the difference.)

Your husband's employer's insurance is prohibited by law from considering any condition pre-existing as long as there is no gap between the end of your insurance and the beginning of his, and as long as you apply for that insurance within 30 days of losing your coverage. This would be true regardless of whether you were exempt or non-exempt.

Whether or not you would be eligible for LTD benefits if you took a leave of absence is dependent on the terms of the disability policy, not law. You would not be eligible for unemployment as you would not be unemployed; also, you have to be able to work, available for work and actively looking for work in order to be covered.
 
Employee options

I have been out of work almost two months now and have been sent a letter from my emplyer asking for my resignation, a leave of absence, or to resign. They have stated ion the letter that they would not oppose my disability benefits. However, I am on medical leave and cannot look for another job at this time. Going on enemployment would help bring money in, however, at 4 months I qualify for long term disability. I assume if I do any of the above I will not be able to qualify for Long Term Disability. I am on Medical Leave and notices are sent from my doctor to my employer each time I am reevaluated and when I will be returning to work or will have another evaluation. My primary care does this as I am seeing several physicians right now. I feel I am being forced out of my job now and unfortunately, I am afraid I will take the easy way out by taking unemployment and somehow it just feels wrong to do that. Please advise. Also, do you know what the qualifications are for long term disability?
 
However, I am on medical leave and cannot look for another job at this time.

Then you cannot collect unemployment benefits. Unless you are able to work, actively looking for work and available to accept work if offered, you are not eligible for UI.

Also, do you know what the qualifications are for long term disability?

They are not set by law. They are set by the disability policy. Only someone who has read your disability policy can tell you that.

IF FMLA applies, your employer must allow you up to 12 weeks of leave before you can be terminated or asked to resign. If FMLA does not apply and there is no state equivalent, it is up to the employer how much time off to give you. Barring a state law or a binding and enforceable contract that says otherwise, however, there are no circumstances in which the law requires your employer to hold your job longer than 12 weeks.
 
Long Term Disability

Since my long-term disability does not take place until my 4th month off of work - they can actually terminate me prior to this going into effect? I thought if I am on a valid medical leave per my physician they had to eitherhold a position or one similar to it?
 
That's a common mistake but not true. They are only obligated to hold your position for the duration of FMLA (assuming FMLA applies); they have no legal obligation to hold your position indefinitely regardless of the validity of your medical condition. As I said before, barring a state law or binding contract that says otherwise, there are no circumstances whatsoever in which the law requires them to hold your job beyond 12 weeks. If FMLA does not apply or if FMLA has expired, it IS legal for them to terminate your employment, medical leave or not; doctor's note or not.

On the very large majority of disability policies, your benefits are predicated on your having been eligible on the day the disability began, not on your employment status when the policy kicks in. So while I can't offer you a carved in stone guarantee without having read your policy, the odds are very much in your favor that the disability benefits will still be available even if your employment has been terminated before the waiting period is up.

We have not yet established whether FMLA applies to you; that might help.

1.) How long have you worked for this employer?
2.) How many employees does your employer have within 75 miles of your location?
3.) In the 12 months immediately preceding your leave, had you worked at least 1,250 hours?

The answers will determine your FMLA status.
 
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