Hi, I Am Sorry To Bother You All But Is There Anyone Is Familiar With The ADA And Job Medical Benefit Laws?
Since I was sick last year being not diagnosed they had no idea what was wrong with me so I was just short of the 1250 hrs needed for FMLA now that they found the issue. ADA has been approved and STD was resubmitted it (now it is approved again)but my healthcare still shows denied. They are really confusing and since I don't know my rights so before I call them I was hoping to have some knowledge on what my rights are as they are usually pretty rude. Looking up ADA information on line is… read more
Sorry.... I need to clarify.. I had an infusion today and I'm foggy. STD and Ltd WILL be separate from medical because they are the benefits that pay you when you cannot work due to an approved situation. Either way,HR is your best source of help to start with.
Dealing with these agencies is a royal pain. Not only figuring out the law but incompetent workers. I found working through my own disability you must continue to bug them until you get results. Wishing you good luck. Health ins is vital. Be confident and persistent to log everything and everyone you speak with. Even if you don’t know what’s what act like you do. Seems necessary in today’s world.
I'm an HR director. Benefits provided by your company are specific to your company and you definitely need to speak with your HR team to find out your specific coverage for both short term and long term benefits... if they are offered by your company. Usually STD is a separate benefit from your medical, but you'll only know that through your company's HR team.
I would talk to your human resourse departmentand ask them, if they are rude you can go above them and seek help. If they continue you can report them to ADA. But most don’t have to go that far. Im glad you are approved for the STD. After a couple months STD you will have to apply for LTD, then you will have you apply for Social security diability. If your situation is one of chronic long term disability you may ask your doctor if applying for SSD now would be the way to go. Dealing with the STD insurance can be a real pain and confusind, especially when your sick and your brain is in a fog. Be sure to keep all of your question and answers in a notebook when talking to anyone, also names. This is VERY important. Make sure yout doctors will be helping you on their end. Do not let them intimidate you. Always remember, you are fighting for you! Approach everything as if you were fighting for a loved one.
Thanks, I appreciate it, hope you're feeling better cmiket74. Had a rough patch myself the past week, hang in there!
I know how my job is, I have to go to them with facts and Sedgwich likes declining disability claims- i think they must get a bonus for everything they deny. I called ADA who said they couldn't answer my question and referred me to the EEOC who referred me back to ADA. No one could answer if the below means they must provide my Health Insurance if they approved ADA, and insurance was denied due to 'not enough hours' just short of the 1250. The actual verbiage on the EEOC is
15. Q: Do the ADA and the FMLA require an employer to continue an
employee's health insurance coverage during medical leave?
A: Under the ADA, an employer must continue health insurance
coverage for an employee taking leave or working part- time
only if the employer also provides coverage for other
employees in the same leave or part-time status. The
coverage must be on the same terms normally provided to
those in the same leave or part-time status.
Under the FMLA, an employer always must maintain the
employee's existing level of coverage (including family or
dependent coverage) under a group health plan during the
period of FMLA leave, provided the employee pays his or her
share of the premiums.31 An employer may not discriminate
against an employee using FMLA leave, and therefore must
also provide such an employee with the same benefits (e.g.,
life or disability insurance) normally provided to an
employee in the same leave or part-time status.32
Going through loops and still have no medical insurance. At the end of my rope. Hard enough handle all these symptoms as now its affecting my eyes. Sorry for my babble and venting, I have been working 2-3 jobs since I was 16 and feel this just shouldn't be so hard. Maybe I need to clear my head and start back with the EEOC again tomorrow.
I appreciate the support more than you know, nor used to asking others or relying on anyone.
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