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Submission of Request To Resign Before Being Out Due To STD Massachusetts

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  • Submission of Request To Resign Before Being Out Due To STD Massachusetts

    Prior to being out of work for two months on a short-term disability, I anticipated returning to school. Therefore, as a professional courtesy I informed Management that I would be resigning within 12 weeks. However, during the interim I became sick and was unable to work. I have been approved for a medical leave of absence/short-term disability. Yet, an HR rep. who had the wrong information regarding my approved paid-through medical leave date indicated that my benefits including pay were going to stop immediately, which would leave me unable to see my physicians and obtain my medication. Can I be terminated even though I have an approved-status of short-term disability for at least two more weeks?

  • #2
    Are you talking about short-term disability insurance through the employer- or privately-purchased policy? Receipt of STD benefits through these policies is not dependent upon your continuing employment.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      The question is actually two-fold: (1) I am refering to stopping of the short-term disability insurance/pay through the employer-provided policy; (2) along with the employer/group benefits, such as my health insurance and prescription plan via the FMLA.

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      • #4
        Please keep are related questions in the same thread. It's confusing for the responders when questions regarding the same issue are posted in different places. I answered the STD benefits question in the other forum in which you posted it.

        Regarding insurance, that would depend on the plan. The only thing FMLA has to do with insurance is that, if you were released to return to work and you chose not to, the employer could require you to pay back any insurance premiums they covered on your behalf while you were on FMLA.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Noted, but I wasn't sure which forum was most appropriate. Given that my HR rep told me that STD and FMLA do not have anything to do with each other. Yet, my associated pay and benefits stopped on the term date.

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          • #6
            But both STD and FMLA have to do with your being out of work for medical reasons; therefore, to accurately answer your questions we need to have all the information in one place.

            As was indicated in your other thread, it is entirely up to the plan document whether or not you continue to receive STD benefits after your employment ends. It is quite common for them to do so; however, the law neither requires nor prohibits it.

            STD is NOT time off. It is income replacement while you out of work for medical reasons. The law does not prohibit your being terminated while you are collecting disability benefits; whether you are or are not collecting STD or LTD or any other form of disability income is irrelevant to how long your employer has to hold your job open.

            Barring a bona fide CBA or employment contract, or a state law, that says otherwise (and MA does not have one), the longest that your employer is required to hold your job open for a non-work-related injury is 12 weeks, and they only have to hold it that long if FMLA applies. If you have exceeded your FMLA, yes, you can have your employment terminated whether you are still collecting STD benefits or not.

            You will be eligible for COBRA, which will allow you to continue your health insurance at your own expense.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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