Legal Question in Employment Law in Pennsylvania

Re: STD Benefits when on strike

You asked about cancellation of benefits while on medical leave re short term disability.

Yes, an employer can cancel benefits at anytime so long as it does so in compliance with the law. The most likely laws applicable to this situation are ERISA and COBRA.

ERISA would allow the employer to cancel the program so long as the cancellation complied with the law, such as treating all persons in the class equally.

COBRA also would allow cancellation as long as the entire program was canceled. If any members are still on that or a similar program the employer may have to offer COBRA benefits to those persons for whom the benefit was canceled.

As to your particular situation it would depend on the contractual obligations that the insurer has with you, the injured party. If your STD benefits are earned as of the date of injury you may still be able to collect from your insurer until the STD benefits exhaust or expire. If your STD benefits require continued enrollment then you may be at risk.

You need to speak with your employer's human resources professionals. Also speak with the insurer AND most importantly review the benefit policy material that you have filed away. This will dictate exactly what the insurer must do.

An argument could be made that even though you are a member of the union you are not a member of the class because of your particular circumstances. Not to be trite, but don't take this lying down. Fight for your rights. But also, it may be that you need a lawyer to argue your position.

Regards,

Roger