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Disability Insurance—Questions & Answers—Federal

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An employee is on short term disability for 10 weeks and takes an additional 13 weeks unpaid leave (FMLA). Does the employee upon return to work re-pay the employer for benefits that are normally payroll deductions? 



It seems to me that I should attempt to qualify her under FMLA. If she does not qualify with her current condition, then I should encourage her to return to work until she needs to take maternity leave... 



Everything I have read indicates that if the plan is self- insured and there is a required SPD, you have an ERISA plan. Can you please provide some assistance/guidance on this issue? 



We recently realized that we were not completely in compliance with our self administered Short Term Disability plan as we were not covering maternity under that policy... 



Can a company of approx 50 employees (in Pennsylvania) set eligibility criteria for Long Term Disability so that only select employees may receive this benefit (for example -- criteria is 5 years of service or salary above 50K)? 





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• Health Care Insurance
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• Sick Leave
• Workers' Compensation
 


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