So I'm working on getting permanent disability status through SS. If I go on disability with WF, can they terminate me after my FMLA expires, or do they have to carry me for as long as my short term and long term disability last?
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@88gn thank you so much for this reply, I didn't get any notification and had not realized it was here. I'm still trying desperately to get answers from WF about extending and have 2 weeks left before termination. Do you know if I can at least get an extension long enough to retire in lieu of termination? I am eligible for retirement before LTD. TIA
@88 first let me say I am very sorry for what you are going through that has you out on LTD.
After a specified period of time out on LTD, WF will end your employment status.
You asked why this isn't considered being terminated for having a disability.
If someone can't do their work - regardless of the reason, and there is no available accommodation that can make it feasible - a company isn't under any obligation to provide or guarantee a job indefinitely. So the law doesn't see this as being terminated because of a disability.
LTD is actually a buffer to give you time to recover sufficiently to be able to work (if that's possible) but there is no obligation because of that. Many companies don't offer STD or LTD - these are insurance policies that WF purchases as part of the employee benefit package.
@nay because HR is going to tell them if WF is doing something they shouldn't. I'm in the same position right now, 31 years with WF and being terminated because I'm out on LTD. I know the policy says this is how it goes, but in the back of my mind I can't help but wonder how is this not considered being terminated because of a disability. They consider it being terminated while on LTD, I can't see how it's not one and the same. So how about you not respond in a forum for support if you have nothing useful to add.
I am currently on LTD through wells. You need to call our leave department. They are great to work with and will help you through the process. Each person's STD, LTD, pay, benefits and how long you can stay on unpaid leave vary by years of service and job position. Wells has an outstanding STD and LTD program.
Here are a few things I found you can read...
Yes, you can still be let go while on STD: https://www.themuse.com/advice/what-to-know-about-short-term-disability
FMLA: https://www.dol.gov/agencies/whd/fact-sheets/28-fmla
WARN ACT (Fed/State Laws): https://www.employmentlawhandbook.com/state-employment-and-labor-laws/state-layoff-notice-laws/
LTD: https://www.disabilitysecrets.com/resources/disability/long-term-disability/can-i-be-fired-while-leav
Fired while on STD: https://www.disabilitysecrets.com/resources/can-i-get-long-term-disability-insurance-benefits-if-my-e
To be clear, by encouraging ALL to act ethically, I include all employees, managers and am hopeful that even Schart complies. Yes, I understand that this is hopeless, hapless thinking but perhaps even Schart can return to his bedrock faith, if he has actually ever known it. Still doors will remain open..
We will see. God bless all of us in this spiritual warfare. So many levels above the depraved Wells level.
Plus be honest here. We are wondering about gray areas between short term disability, long term disability, family leave act and return to work. You want to take advantage of full STD and LTD after FMLA runs out.
I hope that somebody who knows responds. I've researched but did not find an absolute answer. I do however have a feeling that the real question here is how to get paid for not working. I’ve personally been in that situation and am proud to have navigated without aid. I am fully in support of all support programs but encourage ALL to act ethically. I do understand the futility of this debate and sincerely hope that all can listen to their personal conscious in making their “deals”. I hope, but don’t expect, but still hope.
: @1drz+188EGMU4, the question is not random but asking about specific company policies on a random layoff board is just crazy. Do you know that we have HR teams who would love to answer your questions accurately and help you. But to be sure maybe you should ask your question on Yahoo first.
There's a useless employee that has been out over 530 some days - for a bum thumb. I am assuming she is on LTD. They keep her employed. For almost two years?
FYI, they can lay you off while you are on FMLA. They cannot lay you off because you are on FMLA. There is a difference.
I don't think the question is random, I am wondering the very same thing myself. Seems like they wouldn't let you take advantage of full STD and LTD after FMLA runs out, unless they had to. OP, I hope somebody responds who knows. I've researched it but didn't find an answer.
Do you realize what permanent disability with SS is? It means you can't do any kind of work at all. Short term or long term disability or FMLA won't even apply even if you get approved. By the way, WF only has to protect your job for 6 months under regular disability.
Yes
What you should do is ask these specific HR questions on a random website
STD ends once LTD begins. For info about when LTD ends with WF, see "benefits/spd" manual pg 12-11 under leaves of absence. Salary continuation leave (displacement) is listed.