I'm currently on short term disability (but not on FMLA). Prior to leave, I started interviewing. I received multiple offers... Haven't accepted one yet, but more than likely will. It's going to be a while until I'm able to get back to work. I'd like to be able to tell my mgr/team now that I'm leaving so they can prepare. I also know they can terminate me while I'm on STD and not protected by FMLA. If I give notice and they decide to terminate me on the spot, do I lose my STD benefits?

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I would highly advise you read the policy and the Summary Plan Description.

likehelpful

I actually did read it! :) There are 3 separate sections that seem to all say something different, so I'm confused.

If you are currently on Short Term Disability and you resign you may be able to continue to receive your benefits. If you have copy of your summary plan description there is usually a section called “when benefits end” that should help you determine where you will stand. You will lose your FMLA/job security once you resign

likehelpful

I see three different sections that allude to potential answers:
What happens to benefits during FMLA leave?
When will STD benefits be discontinued?
When will your benefits end?

Can you please help to explain the difference between these three sections? TYIA

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Yes, I’ve worked at companies where we do terminate someone before they go on long term disability.

likehelpful

So they lose their long term disability? Are they able to do that if they're covered by FMLA?

I have also seen companies that have a policy that people cannot be interviewing while I leave.… Would hate to see that you had to backpay or something

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All of those interviews were completed before I went on leave. They all wrapped up literally the day before.

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I’d also say to take a look at the SPD as many STD plans will continue to pay out the length of scheduled benefits after termination of employment.

I’m curious what you find out especially given an employer doesn’t always receive the reason for resignation and it not being uncommon for employers to know if it’s related to you finding another job or the disability itself.

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The schedule of benefits and SPDs should be accessible to all employees and asking for it should be quite common.

Also I’m with your friends and family on this one…while yes it’s always great when an employee gives a heads up (and unknown resignations are something we are always trying to prevent), many companies don’t actually have a culture (or employees have managers) where that information can be shared and not taken personally or that will hurt you. You know your company, manager, and team better than me so don’t let me push you one way, it actually could be one of those situations where they are understanding and helpful but in my experience that is somewhat rare.

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Depends on the policy. We have had employees run out of fmla but our std was for 26 weeks so even though they were no longer employed, they were still being paid out.

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