I have a call with my HR in less than 12 hours.
I’ve been on FMLA for about 7 weeks due to chronic illness (physical+mental) that caused recorded decrease in performance over the 8 months preceding the start of my leave, to the point of receiving a year end review that cited my need for improvement and being assigned a coach to meet with regularly for that improvement.
Meeting with my coach and team lead helped me improve my performance in some ways (which was documented) but also highlighted to us how much of it was health related, and a little over one month into my three month improvement plan I went on FMLA and short-term disability for treatment.
I’d been considering going on long-term disability but my healthcare team said there was no need to worry about that right now, as only a few weeks into treatment we don’t know if I’ll be responsive to it.
Nearly two months in, I suspect if I had more than twelve weeks I could have a chance of recovery of enough function to work, but FMLA only covers twelve weeks so I’ve been stressed about it and hoping I could do it in twelve weeks. This health insurance through this job is the best I’ve ever heard of, let alone had.
From some things that happened today, however, I have reason to believe I’m going to be laid off over a video call tomorrow (Thursday). They don’t know I have the information I have that would tell me they’re even doing layoffs.
My understanding is that they have to prove that it is not due to my FMLA leave. If they bring up my poor performance review, I understand this can be used as evidence that I was disabled before I was laid off, which would work in my favor for long-term disability.
Could I apply for long-term disability (I pay into it through a plan offered by my employer) even though I don’t qualify for it until after I run out of short-term disability? Would it be in my best interest to reschedule tomorrow’s meeting and start that claim process so that it shows I started it before I was told I’m being laid off?