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  • Wife on Short Term Disability and...

    Hi All,

    Quick question (bit of history first); my wife got laid off after 10 years of employment with her rather huge company. The thing is, she's 5 months pregnant. she wasn't laid off due to that because they're been letting go of employees in heaps as of late. 3 days before her severance was to kick in, she went to the doctor's and the doctor agreed that she should be on short term disability for acute anxiety. She had two miscarriages before this so far successful pregnancy and she was extremely stressed out with the thoughts of of searching for a job 8 hours per day with the realistic thoughts of not getting employment because of her bulge in the front (massive pregnant belly).


    My sis-in-law is an employment lawyer and mentioned that she should 100% be on STD with her current issue. Severance is considered "job search money", so if one is collecting severance, they should be looking for a job for 8 hours a day. Going on interviews, making phone calls, etc.

    Finally my question; if she is on STD from her current employer, can she go on an interview (rather a simple typing test) with another company legally speaking?

    Thanks,
    -FJ

  • #2
    It would be much easier to answer your question if you had indicated your state, as requested.
    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.

    Comment


    • #3
      Originally posted by cbg View Post
      It would be much easier to answer your question if you had indicated your state, as requested.
      Of course it would have been, however I'm not in a state. I'm in a province (Ontario) and i can't find one bl00dy forum on this in Canada.

      File it under "federal" to give me an idea how you guys handle it.

      -FJ

      Comment


      • #4
        US laws and Canadian laws are very different. The way "we do it here" does not mean that the same will apply in Canada. Additionally, this question would be answered differently in the US depending on the state. It's not a one-size-fits-all answer and in most states, would depend entirely on the wording of the individual policy. The US does not consider severance "job search money" and does not regulate what one has to do while receiving it; what can and cannot be done while collecting disability benefits is not determined by law in at least 45 states either. It is strictly what the specific policy says.
        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.

        Comment


        • #5
          Thanks.
          -FJ

          Comment


          • #6
            I don't know if this will help but you might give it a try:

            http://www.mycanadianemploymentlaw.com/
            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.

            Comment


            • #7
              Here's another good Canadian employment law link:

              http://www.legalline.ca:80/default.a...xX2iYxEJSYM%3d
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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