FMLA, STD and Benefits

[Tataroka]

North Carolina

I am currently out on FMLA and do not plan to return to work. If I leave before Dec 31, I am eligible to cash out my vacation. My doctor has recommended applying for short-term disability. My questions are:
- Can I quit while on STD? If so, what are the consequences?
- If I quit while on STD, can I still cash out my vacation?
- Will the STD stop the day I quit or through the approved period?

Many thanks!

 

[PayrollHRGuy]

I'm not a NC STD expert but you need to understand that your company's vacation cash out policy has little to nothing to do with your STD status.

Also one list I've looked at doesn't show that NC has an STC program that is state run. Are you talking about a private insurance STD policy you may have?

 

[cbg]

1.) You can quit any time you like. There are no LEGAL consequences. What internal consequences there might be, only your employer can tell you.

2.) That is entirely up to your employer's policies. The law does not take a stand on this issue. Your state says that vacation benefits are payable at termination unless company policy says otherwise. I have not read your company's policies to know what exceptions they may place.

3.) The overwhelming likelihood is that the STD benefits will continue until you are no longer disabled by the policy definition, or the benefit period comes to an end. However, that is policy, not law. Only your HR or Benefits office can carve and answer in stone.

NC does not have a state disability program. Only 5 states plus Puerto Rico do.

 

[LdiJ]

1.) You can quit any time you like. There are no LEGAL consequences. What internal consequences there might be, only your employer can tell you.

2.) That is entirely up to your employer's policies. The law does not take a stand on this issue. Your state says that vacation benefits are payable at termination unless company policy says otherwise. I have not read your company's policies to know what exceptions they may place.

3.) The overwhelming likelihood is that the STD benefits will continue until you are no longer disabled by the policy definition, or the benefit period comes to an end. However, that is policy, not law. Only your HR or Benefits office can carve and answer in stone.

NC does not have a state disability program. Only 5 states plus Puerto Rico do.

If the OP quits before applying for STD would he still be able to apply? I am asking because I honestly don't know and it seems to me like he might not get the application done before the end of the year.

 

[cbg]

That would depend on the terms of the STD policy. However, in most cases, if he was actively employed on the day the injury happened or the illness was incurred, the STD carrier will accept it. Whether he's actively employed on the day he files is, again in most cases, irrelevant.

Of course, it goes without saying that filing earlier is better than later. If he's already on FMLA, I can't imagine why he isn't already on STD. The two are not mutually exclusive and he doesn't extend his protected leave by waiting.