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I'm getting laid off in November, but I'm now on a short term disability. If i'm still disable after being laid off, will I be able to receive pay from my short term disability? This is Texas by the way.

I read the policy (11 weeks for STD, then LTD) and it does not mention anything about being laid off while on STD.

Appreciate any response.

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It all depends on what your plan document stipulates. Check out the company intranet or stop by HR to find the plan document. This will include details on when the policy ends following employment and how long payments run following loss of employment.

(I work in HR, so I know what I am talking about - but all plans vary)

Funny, I just always assumed you couldn't get laid off while on disabilty/workmans comp/FMLA. Sorry you had to be my lesson.

As long as the layoff is not discriminatory and is of a valid reduction in force, such that the position would have been eliminated whether or not the employee was there, it is allowed.
http://library.findlaw.com/2003/Aug/8/132967.html

It is obviously easier to prove when there are objective criteria, i.e. last in first out or all persons in a business unit, than if it is seemingly arbitrary.



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