Question
Can Unum threaten for fire me at the end of FMLA's 12 week time period? Can Unum deny my benefits if my company does not offer the work Unum think sI'm eligible to do?
I have a union contract that verifies 52 weeks of short term benefits. Can the company threaten to fire me at the end of fmls time period of 12 weeks? Can Unum determine I am able to perform sedentary work and deny benefits when the company will not offer such work?
Answer
Kurt, I would recommend you contact your Union representative to see if you have additional protection outside of FMLA. With respect to your Unum policy – it would depend on how disability is defined in your policy. Typically, Unum writes policies that will define disability to mean the inability to perform your occupation. This own occupation period usually lasts for 24 months. If that is the case with your policy and your occupation is not Sedentary, then it would be difficult for Unum to deny your claim on the basis of the ability to perform Sedentary duties. If you have additional questions regarding your policy please feel free to contact our office to discuss.
