Q: Had heart surgery & got state and company disability pay, but now I’m making over 100% of my salary. What should I do?
I had open heart surgery two weeks ago. Beforehand, I was approved for FMLA and applied for my company’s short-term disability (STD) pay and my state’s STD plan (info provided by FMLA).
I uploaded the state approval/pay amount letter, but my claim manager, HR, payroll, and employee services didn’t know how to handle both payments. One of them mentioned my company might reduce my STD pay by the state amount, but no one knew who manages that. I was told that the claim wouldn’t be approved until the night of surgery (first day of leave).
After surgery, I received both STD payments, and I’m making over 100% of my salary. My company policy says that “STD will be applied toward and run concurrently with the state plan.” That is so vague.
I’m worried about having to pay money back and hesitant to contact my company since everyone seems confused. I don’t want my pay revoked entirely!
I’m still in a lot of pain and don’t want to be dealing with this. What should I do?
A: A Colorado attorney could advise best, but you await a response for a month. One option might be to try to conference all entities involved to prevent receiving identical, duplicate benefits from two separate sources. If there is a separate disability provider, maybe bringing them in together with your HR to review breakdown of benefits could lessen the possibility of surprises down the road in the form of clawbacks. Good luck
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