Short Term Disability Insurance (STD) and Benefits Q&A, Part 4

(Note: the following is geared towards the State of California. Your state will likely have something very similar, but be sure to check your state regulations and your policy's terms and conditions.) Click here for California state disability details

As readers of my blog and website, most people know that I like to keep things light and fun. Unfortunately, the subject doesn't really have a light side and it's certainly not fun. I mean who really wants to talk about getting injured, right? So I apologize to this article is a little bit dry and boring, but I think that you'll find it very informative.

I purchased a Aflac short term disability policy seven months ago because I was told that it covers pregnancy since it can be used for maternity. I am now pregnant and am due to deliver in seven months. What are the steps I need to take to receive my benefits?

As an Aflac agent, I can tell you the following:

Disability due to pregnancy and childbirth is payable to the same extent as a covered sickness. After the policy has been in force ten months, the maximum benefit period allowed for childbirth is six weeks for non cesarean delivery and eight weeks for cesarean delivery, less the elimination period, unless you furnish proof that you remain disabled beyond these time frames.

You can take off from work and collect your short term disability benefits 10 months after you signed the policy. You are not required to pay any premiums, while you are on disability.

To obtain a claim form for your state, check out this Aflac web page

If you have any further questions, contact your Aflac agent or call 1-800-992-3522

I have a Doctor's note stating not to lift weights heavier than 15 lbs for a period of 5 weeks. Human Resources has approved the doctor's note and says I have to be on Short Term Disability because my job description requires me to lift 50 lbs. However, my department head is thinking about putting me in a different role for those 5 weeks that would not require me to do heavy lifting.

My questions are:

1) Can I choose short term disability over the desk job or is that up to my department head?

2) Is he legally allowed to keep me in the office and pay me a lower wage just to avoid paying me short term disability?

3) What if the desk job pays me even less than I would have gotten for short term disability payments?

When it comes to short term disability, it is not up to you. It is up to your employer so they can switch you to another position until you are well. However, they cannot pay you less than you would have made on an average week. Since they can't pay you less than you average, this amount will be more than your short term disability benefits, because your benefits will only pay up to 70% of your income.

I was in a car accident and my neck and back suffered a sprain. I have been doing physical therapy and have not been working since for the past two months. My employer does not want to pay for anything else after four weeks of being off so if I go back to work now and still suffer from pain would my whole short term disability process start over?

In California, once returned to work with a doctors release the process starts all over again. However, your employer cannot stop your short term disability benefits. Only your doctor can do this. So it sounds like an idle threat. I suggest you contact your State Employment Development Department to determine your rights. Also, think about filing for disability benefits with your state as you may be entitled to even more benefits.

When I first applied for my insurance I did not apply for short term disability. I am now 8 months pregnant and I have already been put on leave and discovered that my employer mistakenly cancelled my insurance. They have re-enrolled me and I opted for short term disability as well. Then my paycheck did not have the premiums deducted so I brought it to the attention of my employer. They said I will have to be reinstated once again. Well, I may have this baby at any time, so what are my rights? If the insurance goes through, will I get paid for my maternity leave?

It's going to depend. If someone REALLY forgot to add you to coverage in the HR department, then your employer is on the hook for whatever benefits you would have gotten, if they HAD put you on the list.

I phrase it that way, because many STD policies EXCLUDE pregnancy. Many more have a waiting period - like 18 months - before coverage for pregnancy kicks in. So you might not have had any coverage anyway. Not to mention that you would have had to pay premiums every month

Now, in order to get the employer "on the hook", you might have to sue them. Which means, how badly do you want that four weeks paid, at 2/3 your regular rate? In addition, what kind of proof do you have? Without written proof, this will be very difficult to prove.

Here's more Q&A about short term disability insurance:

• What is STD coverage?
• How does one become eligible for STD insurance?
• How much do I get paid if I cannot work due to injury or sickness?
• Does STD insurance cover health coverage?
• What kind of requirements, do I need to meet for enrollment and eligibility?
• What restrictions are there with the STD coverage?
• What's the difference between private STD coverage and federal and state programs?
• What happens if I am laid off or fired?
• How long does STDlast?
• I am on STD and I was recently terminated because I have no more sick time. I pay $20 a week through payroll and I would like to know if my employer has to pay the premium?
• I purchased a Aflac STD policy seven months ago because I was told that it covers pregnancy since it can be used for maternity. I am now pregnant and am due to deliver in seven months. What are the steps I need to take to receive my benefits?
• I have a Doctor's note stating not to lift weights heavier than 15 lbs for a period of 5 weeks. Human Resources has approved the doctor's note and says I have to be on STD because my job description requires me to lift 50 lbs. However, my department head is thinking about putting me in a different role for those 5 weeks that would not require me to do heavy lifting. My questions are: 1) Can I choose STD over the desk job or is that up to my department head? 2) Is he legally allowed to keep me in the office and pay me a lower wage just to avoid paying me STD? 3) What if the desk job pays me even less than I would have gotten for STD payments?
• I was in a car accident and my neck and back suffered a sprain. I have been doing physical therapy and have not been working since for the past two months. My employer does not want to pay for anything else after four weeks of being off so if I go back to work now and still suffer from pain would my whole STD process start over?
• When I first applied for my insurance I did not apply for STD. I am now 8 months pregnant and I have already been put on leave and discovered that my employer mistakenly cancelled my insurance. They have re-enrolled me and I opted for STD as well. Then my paycheck did not have the premiums deducted so I brought it to the attention of my employer. They said I will have to be reinstated once again. Well, I may have this baby at any time, so what are my rights? If the insurance goes through, will I get paid for my maternity leave?
• I pay for my STD through work which covers me for 6 months in the event of a disability but could get additional months coverage to compliment my long-term policy which kicks in after 6 months. Does the premium you pay for a Short-Term group plan cost more if you choose a plan when applying for coverage with a longer duration of coverage, since the insurance company would be taking a greater financial risk having to pay you for additional months?
• My employer does not offer STD insurance. Anybody know of good insurance companies that offer INDIVIDUAL STD insurance? I want to purchase my own, personal disability insurance before I have my baby in six months. Do you have any recommendations?