Short Term Disability (STD) ending and don't want to return to this employer

[isis_crystal]

What is the name of your state? Delaware

Hello. I am on Short Term Disability (STD) currently. I am no longer covered by FMLA as I have been on STD for more than 12 weeks. As of my projected return to work date of 12/23 I will have been out of work about 16 weeks. Once cleared by my doctor, I will be on restricted part-time duty for about 4 weeks.

In short, the stress of my job at my employer pushed me into STD. What I would go back to is what caused the need for disability. I know the employer and the current culture is not a fit for me so want to cut ties. There was enough stress to put me on disability the first time. I don't believe anything has changed so believe it is my best interest to leave the organization. When and how should I resign?

At this time, I do not know if the employer has a job for me. There hasn't been any indication from them that they have a position open for me to fill. I know they have the option not to bring me back since I'm no longer covered by FMLA.

Advice on how to best handle this situation is appreciated.

 

[PayrollHRGuy]

I'd start looking now. if I were you.

 

[isis_crystal]

Finding a new job is not the issue. I need to know how to leave this employer the right way so that I don't owe them money for insurance premiums and anything else.

 

[FlyingRon]

On the day you cease to wish to be employed, tell them you quit. Delaware is an at-will state. Barring a binding contract or cba, you're free to quit at any time and they're free to fire you.

 

[cbg]

The only way to be CERTAIN that you do not get charged for insurance premiums is to return to work for that employer for a minimum of 30 days.

 

[Chyvan]

At this time, I do not know if the employer has a job for me. There hasn't been any indication from them that they have a position open for me to fill. I know they have the option not to bring me back since I'm no longer covered by FMLA.

I'd try to go back. Just not very hard. If they don't have a job for you, and you're "cured," there's a real possibility it will be a nondisqualifying separation, and you can get UI. You'll feel a lot better being out of a job if you still have some money coming in.

If you just outright quit before you know for sure if they want you back, you'll just complicate getting UI, and probably get nothing.

The only way to be CERTAIN that you do not get charged for insurance premiums is to return to work for that employer for a minimum of 30 days.

Would this apply if the employer doesn't have a job for you and cuts you lose?

 

[cbg]

No, not if there is no job to go to. But if the employee has the option to go back and doesn't, the employer has the express right to collect health insurance premiums for the time they were on leave. It does not apply if the employee is still not medically cleared for work and it does not apply if the employer has no job for him or her; only if the employee is able to go back at the end of the FMLA and voluntarily does not.

 

[isis_crystal]

Thank you for your insights. It has helped me better understand the situation and my obligations.