If FMLA is denied but STD approved do i get paid for the momths i cant work or do i get terminated for the time i spent on LOA

[skylexus]

HR really hasnt made this clear to me and im confused, im a newer team member so i dont get FMLA however i do get STD if i qualify, at 75% of my pay.

Ive heard some say thay STD depends on a an actual leave approved by FMLA or HR, ive heard some say ill get paid just without job protection

 

[Rarejem]

You need an approved leave for any payment. STD provides income when you qualify, but does not provide job protection. FMLA does not provide income, but does provide job protection when you qualify.

 

[skylexus]

You need an approved leave for any payment. STD provides income when you qualify, but does not provide job protection. FMLA does not provide income, but does provide job protection when you qualify.

So, on my paperwork it said im elgible for STD upon approval, mainly wondering how STD works if i am not on FMLA, i understand the job protection wouldnt be there

 

[Tigger]

You may be asked to submit the leave through Workday to the accommodations team to review the request for job protected leave as an accommodation under the ADA. If you don't qualify for FMLA, that is where you may qualify for job protection.

 

[skylexus]

You may be asked to submit the leave through Workday to the accommodations team to review the request for job protected leave as an accommodation under the ADA. If you don't qualify for FMLA, that is where you may qualify for job protection.

Yeah, currently my main question I have not really understood is if I get approved for STD, am I allowed to get paid until STD ends even if I do not have job protection, or is if HR decides I need to go I stop getting paid from STD? realistically I cannot take leave without getting paid, and if I don't I would likely just keep working until I got let go due to poor productivity. my poor productivity is a result of some bad mental health issues. Ideally I would like to have a job to return to, given how bad the market is. I plan on stopping by once my doctor writes out a letter detailing everything for HR given I was denied FMLA, so any job protection is entirely up to HR at this point.

A second thing I really am confused on how to go about is explaining if I do not get paid I want to come back, even if I am basically just coming in to get fired for productivity problems down the road, the fact is I can show up and not get hurt while working just my productivity is terrible, and I have been written up about and had many conversation about it nearly daily, and I basically don't have energy for anything else, including just basic stuff I have to do at home, but I have to have money to survive, my worry is that saying I can come in if denied would jeopardize the idea I am disabled, even though it's just a matter of I need money regardless of how much it hurts me.

 

[Zxy123456]

Reach out to pay and benefits to see if you qualify for a medical leave. Do you have any vacation or sick time available. How much time do you need? Maybe ask for a short leave like a month and use any vacation or sick time to pay for some of the time off. Don’t just rely on what HR tells you they no know a lot but, pay and benefits knows more so, definitely talk to them before doing anything. Would working less help? Change your desired hours and work only 3 or 4 days a week. Good luck with everything.

 

[skylexus]

Reach out to pay and benefits to see if you qualify for a medical leave. Do you have any vacation or sick time available. How much time do you need? Maybe ask for a short leave like a month and use any vacation or sick time to pay for some of the time off. Don’t just rely on what HR tells you they no know a lot but, pay and benefits knows more so, definitely talk to them before doing anything. Would working less help? Change your desired hours and work only 3 or 4 days a week. Good luck with everything.

So i dont qualify for any job protection accoddjng to pay and benefits, i need to call to see what the deal with STD is, im wondering if it just pays out no matter what happens with my job if i am deemed elgible after submitting documentation of my mental problems.

Like if i get paid for 3 months without job protection i might consider. But im guessing its likely that STD is useless without FMLA or HR approved leave. It just pays you if you get FMLA and if you dont you have no job protection and no pay.

 

[Tigger]

Okay, so here's the deal. Job protection and pay are two entirely different things. FMLA or ADA accommodation would potentially provide job protection. Short Term Disability (or applicable state/local disability plans) provide the pay piece. Even if you don't qualify for FMLA, you may qualify for STD. Or vice versa if you already used all your FMLA time.

Don't panic if you don't qualify for FMLA- Your location's HR doesn't decide if they can give you job protection. You would submit an Accommodation Request through Workday (just submit an HR request near the top of the page). There is a team at headquarters who just handle accommodations, including job protected leave time under the ADA. You'd have to submit paperwork, but they are the ones who decide that part. Target Leave and Disability determine if you qualify for pay.

Unfortunately it can take a little while for pay and benefits to figure out if you qualify for paid time off, but at least get the ball rolling by calling.