Question re: upcoming medical leave

872 Views | 12 Replies | Last: 3 days ago by jh0400
AJ02
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AG
Not sure which would be the best forum to ask this question.

I'm fully expecting to have to take short term disability sometime this year for back surgery. My dilemma stems from how best to get all my ducks in a row and communicate this to my company. For background, it's an O&G service provider and every year that I've been here there have been layoffs in Q1 & Q2. I'm fully expecting there will be more the first half of this year.

My fear is if I give them too much advanced notice that I'll be taking leave sometime this year, that it puts a target on my back. But it's something I will also need to prepare for, as my role isn't one that can be easily handed off to someone else to manage for a couple of months.

Any advice on a good way to do this? Our "HR team" is basically just me opening an online ticket and waiting for an offshore team to respond to my question. No physical HR person dedicated to us. So you can understand my hesitation to "reach out to HR" about it.
Sims
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AG
If it were me, I wouldnt give notice any sooner than the 30 days generally required to cover FMLA eligibility.

You could use PTO/STD to cover the cost of your employee portion of health benefits. FMLA is unpaid but it still protects your benefits and employment status assuming your role (generally) isn't eliminated.

FMLA doesn't do much good for a general RIF - but you would still be eligible for COBRA, severance etc.
AJ02
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AG
I've never had to do this before. Do you file FMLA and STD both?
Sims
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AG
You'd file them concurrently. Highly likely your company will automatically have the STD count as FMLA if STD is approved. If they don't then you'd file FMLA paperwork at the same time.

The STD might have a wating period, we do - 1 week. Use PTO to cover that period to keep income coming in.

STD picks up weeks 2 through....let's say 7 if you have 6 week STD. If your STD only covers 70% of comp you could close the gap by using additional PTO.

Once STD is exhausted at week 7 then you'd be left with 5 weeks (total of 12) of FMLA protection. At week 7 you only have PTO as a source of continuing income from your employer. You still have access to healthcare coverage even though it is unpaid leave but you would still be responsible for paying the premium deduction that normally comes out of your paycheck.

After FMLA, if you don't qualify for LTD and you're unable to return to work...you're in a tough spot. You could potentially qualify for intermittent accomodations under ADA...but the company's options to can you go up lots at this point.
AJ02
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AG
I appreciate the details!

Looks like I can get up to 26 weeks STD: 8 weeks at 100%. Hopefully I'm not out longer than that.
Sims
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AG
Worth noting that even though STD is up to 26 weeks - FMLA is only and always 12 weeks. At week 13 they could still terminate you. You'd be able to continue to receive STD benefits as long as you're eligible...but you'd be unemployed.
OldArmy07
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AG
FWIW it's probably harder to lay you off if you're on leave, even if they happen to have you on the list ahead of whatever planned layoffs occur.
AggieOO
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how much do you trust your manager/leader?

My boss is awesome, and I'd just go directly to him with this question and ask for his advice. Layoff decisions are made above his level, so nothing would be on the radar if I brought it up.
AJ02
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AG
He's our new manager (not new to the company) and I do not trust him.
OnlyForNow
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Agree. It's a dangerous position to RIF someone who is on leave.

Begging to be sued and then prove they weren't RIF'd because they were an easy target.
AJ02
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AG
I think I'm pretty safe regardless? What I handle is arguably the most complex, high profile, and highest driver of profit margins than anyone else on the team. It's too much to just split up what I do and spread it across others who also already have a lot to do. And it'd be very, very difficult for someone to just come in and take over what I do without months of training. At least, not without SIGNIFICANT impact to manufacturing and product line profits.

Then again, everyone thinks they're in disposable right up until the point they get laid off.
OnlyForNow
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AG
You said it yourself, "new guy" and you don't trust him.

I would hope folks come talk to me about it, but we're a 12 person office.
jh0400
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Not a lawyer, but as someone who has had to work through multiple layoff lists, laying off a female over 40 (assuming '02 is your class year) on FMLA leave is a lawsuit waiting to happen.
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