Vacation during medical leave

[westanza]

What is the name of your state (only U.S. law)? CA

I'm not sure I'm posting this in the right place.

I'm on medical leave and collecting disability benefits. My doctor has given me a few more weeks to recover. Thing is, I feel fine, not 100%, but fine enough to begin my regular activities. My question: Can I legally take a vacation while on disability?

 

[eerelations]

If you're feeling well enough to work, and you go on vacation instead, your employer may legally fire you. Whether or not your employer will do this is something only a psychic can tell you. However, my 30+ years' experience working for/with a great many employers tells me that the likelihood of you being fired over this is quite high. And again, this would be a legal termination.

In addition to this, if you take a vacation while receiving sick benefits and the sick benefits provider finds out, the provider can legally demand the return of the sick benefits paid to you while you were on vacation. If you refuse to repay said sick benefits, the provider may decide to sue you for those benefits, and if it does, it will probably win.

In summary, if you take a vacation while receiving sick benefits you will probably find yourself jobless and facing a lawsuit.

 

[westanza]

I cannot return to work until my doctor clears me. My doctor said I need a few more weeks to recover completely, despite the fact that I feel fine. So what you're saying is if I go out of town for a few days, it's illegal and my employer can legally terminate me?

 

[cbg]

It's not necessarily illegal, no. But it doesn't have to be illegal before your employer can fire you.

Remember when you were back in junior high and if you were too sick to go to school, you didn't get to go to your after school activities for that day? This is more or less the same thing.

 

[eerelations]

I cannot return to work until my doctor clears me. My doctor said I need a few more weeks to recover completely, despite the fact that I feel fine. So what you're saying is if I go out of town for a few days, it's illegal and my employer can legally terminate me?

It's not illegal for you to go out of town for a few days while on sick leave. It would also not be illegal for your employer to fire you for doing this.