Short term disability
UPDATED: Oct 1, 2022
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Short term disability
Can a company that is union change their short term disability policy
mid stream. My 2017 pay and benifits guide says i get paid 100 salary
for x amount of weeks for short term disability but now they are
saying that they changed it so now im getting less than half of my
pay. Do i have any legal rights to fight this matter ?
Asked on November 24, 2017 under Employment Labor Law, South Carolina
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the union contract (or a personal written employment contract you have) specifies the amount and type of benefits, they cannot change those during the term of that contract (i.e. until it expires): while a contract is in effect, they are obligated to provide the contracted benefits.
But if the benefit is not stated in a contract, they may change it: benefits not contractually specified or guaranteed are subject to change by the employer, even "midstream" (while an employee is getting them). Employers have free reign to change benefits except to the extent they are set by contract.
(If the benefit was set by contract, you could sue based on "breach of contract"--on violating what the contract says--to enforce what the contract guarantees you.)
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