Resignation while on STD

[AcePuppy]

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

Do I have to pay back any of the STD that I have received, if I put in a 1 week resignation letter the last week of my disability? I see numerous articles online that the employer will do this.

Edit: My company's STD Policy is just your basic run of how the STD plan is. It's also not run through the company it's run through Aetna.

 

[OHRoadwarrior]

Possibly yes. You were not being paid for disability to seek a different job. There was an expectation you would return in exchange for the money. This would be considered a tort.

 

[AcePuppy]

Possibly yes. You were not being paid for disability to seek a different job. There was an expectation you would return in exchange for the money. This would be considered a tort.

I am resigning not to go to another position. I'm resigning due to my health, which is what my resignation will state.

 

[cbg]

Okay, let's put this to bed once and for all.

Please completely disregard the above poster. This is what I do for a living. He does not know what he is talking about in this instance.

NO. There is no chance WHATSOEVER that you will be asked to repay your STD benefits. It is not going to happen. I will bet any amount of money you care to name that it will not happen. I have been administering employer sponsored benefits for over 35 years now and I have NEVER - not ONCE - seen or even heard of a policy where you have to repay STD benefits if you do not return to work.

This rumor that STD benefits will have to be paid back stems from an often misunderstood and not-even-all-that-often-used facet of the FMLA statute, which gives the employer permission to require the repayment of HEALTH INSURANCE PREMIUMS in the event that you voluntarily do not return to work.

That is PREMIUMS. Not BENEFITS. And that is HEALTH INSURANCE, not STD.

I have been trying to kill the rumor that STD benefits will have to be paid back for years, and it keeps coming back.

I would love to see those articles that say your employer will do this. Got any links?

 

[OHRoadwarrior]

Actually, I accept your interpretation, based on your experience and my belief when I posted it, OP was going to a different job.

 

[cbg]

His going to a different job has nothing to do with his STD benefits. If he medically qualified for those benefits, whether he does or does not return to work does not affect the fact that he was entitled to the benefits.