Employer denying Short Term Disability

Apologies for long story but really do need your inputs here.

Fell sick during last week of January and after multiple tests and doctor visits was able to come to a final diagnosis that I would need a surgery. It was not an emergency at that point and doctors gave medicines to control my symptoms for a couple weeks so that I could go back to home country to do this with family.

Immediately informed my employer that I would be needing surgery and that I would need time off till end of February. That way I could go home and come back soon after my recovery. We are not allowed to work outside the country therefore it had to be sick leave or unpaid time off.

Within two days my health further deteriorated, and I was recommended not wait any further for the surgery. My doctor’s office was able to accommodate an early appointment, but it wasn’t until Feb 17th.Meanwhile through 7th, I was exploring my back up options and arranging for friends to come in to help if needed.

On Feb 8th I was asked to produce a copy of doctor’s release notes. Informed them that my doctor was not in town (hence the wait till Feb 17th) and I will get the documents as soon as possible and to give me time until after surgery to produce the documents.

Feb 13th I was informed that since I did not have a doctors note specifying the need to be out of work before surgery, I would have to take unpaid/unapproved time off and I had to sign a form telling my job is not guaranteed and I will not be eligible for severance if I was terminated (I haven’t signed the form so far). Meanwhile my health had further deteriorated and the mental pressure of being laid off just made it worse causing severe panic attacks.

Frankly I was not aware that I would need a doctor’s note specifying I would need to be put “out of work” considering the situation was very uncertain. This was the first time I was dealing with healthcare in the US, and I did not even have a PCP. I agree it was clearly my fault I should’ve been more proactive and understood healthcare system before I even fell sick.

Post-surgery within two days my doctor’s office sent the required documentation but they have a standard policy to just cover after surgery. My short-term disability was approved for 15 days by the insurance firm. In addition to my surgeon’s office, I had also given details of my mental health care providers which was conveniently ignored by the insurance firm. Once notified they reached out to my employer to reopen the case and it was declined by my employer. Although I had time until April to provide all the required documentation.

My employer meanwhile not only cancelled the already approved short term disability. They terminated me from my position ( “performance based” I wasn’t even on PIP) the day I returned to work and asked me to produce FMLA documentation for each day starting from January within 15 days giving me time until end of March to look for other opportunities . I had been to four different facilities and multiple testing centers until I got the final diagnosis. I doubt each of them will fill out FMLA documentation considering I just went in for consultation once.

My concerns are:

a) If my FMLA gets denied, can my employer put in the termination date of January and not the day I was informed (March) ? b) My hospital claims have been approved by my employer-based insurance. Will I be responsible to pay the complete amount (over $65k) considering my surgery was after termination date in January although I was notified of termination only in March?

submitted by /u/According-One1660
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