Question
Do I have to go back to work while waiting for SunLife's reply to my appeal? Can my employer terminate my employment while I am still waiting?
I have appealed for an appeal for the denial of my LTD. While waiting for the Sunlife’s reply, does it mean that I have to go back to work immediately or I will still be on leave (without pay) on my employer’s perspective? Can my employer terminate my employment while I am still waiting for the result of the appeal to Sunlife? Your immediate respond is highly appreciated as I have deadline.
Answer
Robin, If you return to work during the appeal process Sun Life would at best only likely pay you for the timeframe from the date of denial to your return to work date. A denial of LTD does not mean you are required to return to work, but your employer may have its own protocol in light of a denial benefits. If you are not protected by FMLA or a contract with your employer then it is quite possible that your employer could terminate you.
