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Resigning while on STD

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nursemommy1975

Junior Member
What is the name of your state (only U.S. law)? New York
I have been out of work on STD for nearly 10 weeks due to a non-work related injury. I have kept in constant contact with my employer throughout the process. I have injuries to both of my lower extremities that are not healing quickly. My employers are becoming impatient. Unfortunately I work for the same doctor who cares for my children and they are now retaliating against me by pushing necessary doctor appointments out for them. I do not want to return to this job once I am cleared, but I have not told him that. I was unhappy and looking for other employment prior to my injury but the way I've been treated since the injury and now delaying my children's appointments has sealed it. I am sure due to the continued pain and limited mobility I will be out longer once I go back to ortho at the end of the week. My question is 2 part. One-if I find another position and can start after being cleared to work, do I have to return to my current job for any length of time to avoid having to pay back STD benefits (I've heard mixed things on this- I did pay for the coverage while employed). Two- if after 12 weeks I am still disabled and they chose to not hold a position for me (which I know they have the right to), would I continue receiving STD benefits or does it then switch to unemployment?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? New York
I have been out of work on STD for nearly 10 weeks due to a non-work related injury. I have kept in constant contact with my employer throughout the process. I have injuries to both of my lower extremities that are not healing quickly. My employers are becoming impatient. Unfortunately I work for the same doctor who cares for my children and they are now retaliating against me by pushing necessary doctor appointments out for them. I do not want to return to this job once I am cleared, but I have not told him that. I was unhappy and looking for other employment prior to my injury but the way I've been treated since the injury and now delaying my children's appointments has sealed it. I am sure due to the continued pain and limited mobility I will be out longer once I go back to ortho at the end of the week. My question is 2 part. One-if I find another position and can start after being cleared to work, do I have to return to my current job for any length of time to avoid having to pay back STD benefits (I've heard mixed things on this- I did pay for the coverage while employed). Two- if after 12 weeks I am still disabled and they chose to not hold a position for me (which I know they have the right to), would I continue receiving STD benefits or does it then switch to unemployment?
If you paid for the coverage you definitely would not have to pay it back.
 

ShyCat

Senior Member
As for the second question, you would not be eligible for unemployment until you are cleared to work.
 

cbg

I'm a Northern Girl
You will never, ever, ever, ever, ever have to pay back STD benefits. I have been in HR/Benefits since 1979; there have never been a point during that time when I have not been doing Benefits; I have done Benefits exclusively since 2008, and I have never once in all that time seen or even heard of a plan where you have to pay back STD benefits if you do not return. It simply does not happen. Holy Hannah, when will people stop perpetuating that nonsense? (I'm not yelling at you, NurseMommy1975 - it's not your fault.)

However, it IS possible (and this is probably where the myth originated) that you might have to pay back health insurance premiums IF your health insurance is through your employer. NOT health insurance benefits; that's just as mythical as STD benefits, above. But IF you have health insurance through your employer AND IF they pay part or all of the premium AND IF you do not return to work for reasons other than medical, you COULD be required to repay them for the premiums they paid on your behalf.
 

commentator

Senior Member
If while you are still off work due to a medical reason, the employer notifies you that your position has been terminated, or that they will not have it available for you when you are ready to come back, that would be a dandy thing for you. If that happened, I'd file at once for unemployment insurance. You will set up a claim, which will be good for one year from the date of filing, and will be based on the first four of the last five quarters of wages you have received. You will not be able to draw this claim, because you are not able, available and actively seeking other work. However, the claim will be in place.

When you are fully released to return to work, you again contact the doctor's office your employer, and inform them that you are now ready to come back to work, and confirm that they have discharged you/have refilled your position/ have no work for you at this time. Then you re open your unemployment insurance claim, providing them a doctor's statement fully releasing you to work again without limitations, and you'd more than likely be able to draw unemployment benefits while you are looking for another job.

If you call them up while you are still on sick leave and are not released, and tell them you are not returning to work after your medical leave is over, then you absolutely will not be able to draw unemployment insurance even after you are released by your doctor for full time work. You will have voluntarily quit the job, and your chances of being approved for unemployment in this circumstance is almost zero. The decision to leave would be considered to be your decision. That'd tickle your employer to death, as when someone draws unemployment from wages paid by them, it costs them money.

What I'd do is just very quietly and politely find another pediatrician. Then let them do whatever they want to, don't you make the first move or tell them you're leaving. You can always tell them that if you are released and they do have work for you. No unemployment likely that way, but leave your options open until that time actually comes, they might get stupid and think they are "punishing" you further by terminating you.

In our discussions here on the board of employers who will and will not behave professionally, will or will not call things in the interest of the employee or choose not to, I would have to put small professional offices at the top of my list of employers who tend to treat their employees worst, evade their responsibilities, spread misinformation and make threats to their employees, retaliate for unavoidable circumstances, etc. What I am saying is that you need to be very careful and do careful research about anything you are told by this employer (if you have health insurance with them, deal directly with the health insurance provider as well as with the employer).

By the way, if this is a small office, I'm surprised this OP is covered by 12 weeks of FMLA. Is that a state thing?
 

cbg

I'm a Northern Girl
I don't know that it is FMLA. NY is one of the five states that has guaranteed STD benefits, but it may or may not be FMLA.

However, as far as the return of premiums goes, if it is FMLA it can happen because the law expressly gives the employer permission to require it; if it's not FMLA, it can happen because no law says it can't. The repayment of benefits, though, would have to be specified in the plan document before it could happen.
 

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