Laid off while out on Unemployment

Hi,
I was off for all of Sept and most of Oct due to one surgery. Went back to work a week and a half, was moving my office around because I had to switch offices and my back went out. I had my 3rd back surgery on Dec 30th. Was out of work prior to the surgery with plans on going back in February.

I was laid off this past Thursday as part of a large company wide layoff. I do understand that while out on FMLA you can still be laid off as long as it was this type of situation and them not singling me out.

What I don't understand tho is at work I had a Long Term Disability plan that covered 66% of my salary. When I asked what happened if I was never released to work would I still have this benefit. They said "no, because I had that coverage as an employee" and as off my return to work date, I will be laid off.

They said as long as my return to work date is in February, they will keep me on the books and not lay me off officially until that date, so it does give me an extra month of insurance and of pay.

I don't know where to turn to ask what is legal and what is not. I'm a single mom and live paycheck to paycheck. I think that since I went out on disability prior to being laid off, this long term disability insurance should still apply. Thoughts and suggestions on how to proceed?

I should add I am in Tennessee and my company is a large one. 2500+ employee's at my location, several other locations in the US and 3 plants in other countries.

[sunlover]

It actually sounds like they are doing you a favor

Doing me a favor by keeping me on until my "return to work" date? I agree but this company doesn't do anything out of the generosity of their hearts. It makes me think they are keeping me officially on until my doc releases me to work, to avoid any issues. Of course, I don't know what those issues are because I don't know the laws.

And are they doing me a favor, if I were to be permanently able to work and had a disability plan that would pay me 66% but now they say I can't utilize that benefit?