N. Ohio short term disability benefits

[gman]

Does anybody know the workings of short term disability, what it pays, how long you have to be off to collect, how soon you get something and how hard is it to get it ok'd? I'm looking at 3/4 weeks. And do I have to have a UPS doc ok me to return to work?

I'm thinking every area of the country is a little different as with everything else.

 

[laborer]

In the Southern Region it pays $300.00 the first 10 weeks then $350.00 the next 16 weeks. If it is an illness you start receiving benefits after 8 days and on an injury:"Loss of Time is payable from the date the doctor first disables you if you have received medical treatment within 1 day before or 3 days after the date indicated by the doctor. Otherwise, the first date of medical treatment after that date would be used to start your Loss of Time Benefits."(Quoted from the Central States benefit book)

 

[gman]

Today I got a packet and in it is a form that seems to say before I collect disability, I have to use up all my vacation first. ???

 

[isdrone]

gman,
Union or non-union?

Non-union I think you have to use all but 1 week of your vacation. Union - I have no idea.

 

[speeddemon]

gman, I have never heard of such.

 

[ok2bclever]

Actually, that is part of the FMLA (Family Medical Leave Act).

With the usual caveats that no single part of UPS (geographically) seems to handle issues the same

, at least in my neck of the woods disability pay starts (if they don't deny it) on the fourth day off for illness and first day off for injury.

Professional medical treatment is required from day one to get paid, but doesn't guarantee payment.

There is a disturbing pattern being seen in my local building and from sporadic discussions with fellow UPS stewards in the state that the current disability handler (Broadspire) is denying an unprecidented amount of claims.

One of the more connected BA's in the state is collecting incidences of unwarranted claim denials.

Even if you do everything right and there are no hitches, delays or denials don't expect any payment for at least a month from the inception of your claim as the wheels turn slow and the excuses (check is in the mail, didn't get the fax, something else needing signing, etc. etc.) mount.

As far as the vacation time issue, planned disability enters the FMLA (Family Medical Leave Act) laws where you can take up to twelve weeks off for serious medical issues for yourself or someone close to you.

Contractually in the Central States supplement the company is allowed to force you to use up all but one week of vacation if they so wish.

This will occur for a "planned" disability like a scheduled surgery, etc far more often than an "unplanned" disability such as a back "going out" temporarily or a serious case of pneumonia, etc.

Any official time off will trigger the FMLA and COBRA laws to initiate paperwork to you giving you notice of your rights and choices now a days.

 

[trickpony1]

The company may try to force you to use up all, if not most, of your vacation if you go on disability.
The company tried to force some people at my hub to use up most or all of their vacation before going out on FMLA. They even sent certified letter to employee threatening termination if they didn't complete and return the enclosed FMLA paperwork.
It didn't work. Our steward said they can't force you to do this.
Check your contract language and ask the steward or BA.

 

[wkmac]

FMLA is driven by federal law so I'd check the law and see if this is allowable in the law itself. Probably is based on the climate but I'd look anyway just to make sure and see if by chance you could have another supporting ally to your case.

You might also look locally to see if the company has had a practice of denying vacation changes for people needing minor surgeries where only a week off is needed and the employee was willing to go that course instead of FMLA. If the company denied the vacation change it does show a pattern of inconsistency on their part and could help your situation if the vacation useage is pushed. Just an idea.

I've also seen a situation in my building where an employee is using FMLA literally on an annual basis where they come back and work the prescibed 6 or so months, may be a little longer but it's less than a year and then go right back out on FMLA. In the course of this they never earn enough reports to get vacation and may even be effecting their seniority at least in the case of years service. It's the appearance of abuse like this (I say appearance to give the benefit of doubt)that makes it hard for good people like gman to have to jump through hoops to get what would otherwise be a given. Good luck gman and hope everything works out good for ya.

 

[ok2bclever]

The issue is in National Contract Language.

You can find it online here: http://tinyurl.com/7tk2e

Then scroll to Article 16, Section 6.

Unless you have a local rider that supercedes National language it is up to the company.

You could try for a past practice defense if the company attempts to enforce this issue and you don't want them to.

Past Practice is the rallying cry of the average driver without understanding the true legalities regarding it.

There are four hoops you have to jump through for a successful past practice greivance win.

Losing any of those hoops loses the entire past practice angle, but it is doable, just not as easy or simple as the average driver believes.

 

[gman]

Fortunately things worked well for me. I called Broadspire and asked about the form that mentioned using up all my vacation, save one week, and she told me it did not apply to me. There was some confusionas to faxes being sent back and forth, and it is up to you, the individual to work between the doctor and the Broadspire case worker to make sure all paperwork is taken care of. I returned to work today after four weeks off. My claim was honored and one check is to go out Tuesday and another on Thursday which should complete the claim. The day went well, thank goodness. Worked til seven but it was a good day to get back in the saddle as they gave me more rural stops so I had less deliveries. We have a pretty good management team right now. The dispatch is up but only because the numbers have all changed and they can't do anything about that.

Thanks to all who tried to get me some info.

 

[toonertoo]

FMLA requires you to use up all vacation except one week. At least that is what I had to do, when I took off four weeks to care for my Dad after quad bypass. (north Ohio)

Now I am going to apply for a clause in the FMLA if required where it can be sporadic and intermittent, so if I need a day here or there to care for my father during and after his latest surgery, I wont get fired. Anyone have any knowledge on this area of the FMLA?? I looked a little bit, but its always easier to ask.

 

[toonertoo]

Never mind, I am on funeral leave.

 

[retired]

I'm very sorry for your loss tooner.

 

[wily_old_vet]

So sorry Tooner. You and your family are in my prayers.

 

[gman]

Tooner

Just to let you know, although the services are a bit far away for any of us to attend, you are in our thoughts and prayers here at home.

God bless

 

[jimbull]

Just FYI: UPS use to make me use up all but one week of my vacation for FMLA leave(I had approved intermittant FMLA for a personal illness) One day, while talking to our regional DOL FMLA investigator, we broached this subject. She informed me that if you are recieveing ANY TYPE of diasability pay, they CAN NOT require you to use your vacation time, and gave me three directives that had been issued by the DOL on requests from Congressional staff, which carry the same weight as regulation. I filed on this instance and it went to regional JAC hearing. So,if you qualify for short term disability payments, they can not force you to take vacation, as that would be double dipping, and if they try, you need to have your steward or BA talk to someone at DOL.