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I began working for a law firm in Toronto beginning of Nov 2015 and made my 3 month probation beginning of Feb 2016. I was hospitalized end of Feb 2016 for 2 weeks and was diagnosed with MS. I’ve been on LTD since (I’m only getting 60% of my wages and am struggling financially). My old position is no longer available. If I hand in my resignation, do they have to pay me for the past 9 years of accrued vacation pay (I started with 4 weeks vacation, and after 5 years I believe I would have gotten another week of paid vacation time)?
Also, if I do quit and go to another firm, as the MS is now a “pre-existing condition”, will it affect my ability to get benefits (medications, short-term disability and long-term disability, esp if I have a future flare-up and have to be off for a period of time (as MS is unpredictable, I don’t know how I’m going to feel day to day, let alone when I have a flare-up, nor do I know how long it would take for me to recover)?
With regard to your employment-related questions, I recommend using our free employment questions website (www.terminationquestions.com) as a starting point instead (as this is the LTD question board).
With regard to your question about benefits, first, quitting would very likely end your coverage under your current group policy. However, your existing LTD claim should be able to continue so long as you continuously pass the total disability test, and cannot work (even if you lose your LTD coverage for future claims).
Next, I wouldn't be able to comment on whether you would be able to actually get coverage under a new firm's group policy. That would depend on the arrangement they have with the insurer, among other things.
With regard to whether your MS would be considered a "pre-existing condition" under the LTD policy, it may, but typically pre-existing exclusionary terms are only applicable if the claimant goes off work due to a pre-existing condition (as defined) in the first year of coverage under the policy (which should not be mistaken with the first year of working for the employer). After that one year has passed, assuming you were working continuously that whole time, the exclusion shouldn't be applicable anymore. That said, I would need to see the specific policy to know this with any certainty.
With regard to your question about benefits, first, quitting would very likely end your coverage under your current group policy. However, your existing LTD claim should be able to continue so long as you continuously pass the total disability test, and cannot work (even if you lose your LTD coverage for future claims).
Next, I wouldn't be able to comment on whether you would be able to actually get coverage under a new firm's group policy. That would depend on the arrangement they have with the insurer, among other things.
With regard to whether your MS would be considered a "pre-existing condition" under the LTD policy, it may, but typically pre-existing exclusionary terms are only applicable if the claimant goes off work due to a pre-existing condition (as defined) in the first year of coverage under the policy (which should not be mistaken with the first year of working for the employer). After that one year has passed, assuming you were working continuously that whole time, the exclusion shouldn't be applicable anymore. That said, I would need to see the specific policy to know this with any certainty.