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Short Term Disability w/o FMLA Illinois/New Job

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  • Short Term Disability w/o FMLA Illinois/New Job

    Hi, I was wondering if anyone had some insight on my situation.?

    I've been on short term disability for 3wks after surgery from an injury that was from outside work. the problem was that my boss required me to come in the office anyway after the injury even though my doctors did not release me to go back because the company would not accommodate my disability so I could work in the office. I went in as told and fell down the Stairs in a neighboring parking garage because of it, which caused further injury and then had to have surgery. (There is no parking or accommodations in my building). I am not receiving Workman's Comp and the company ignored me and required me to continue to work after I fell or go on Short Term Disability then. I chose to keep working until I had surgery three weeks ago because I was scared of getting fired on top of everything.

    Before I went on short term disability (no FMLA, didn't qualify) and before my surgery, I interviewed with a company and they have given me an offer of employment. The offer has come while I'm on disability.

    How do I handle this? Do I go back to work for a few days and then give my notice or can I just quit while on short term disability? I do not want to return to my old job after what happened and also, if I did, I would not be able to work for another 6 weeks because I can't do the commute and walking yet. With the new job, they are ADA accessible and I can actually start working sooner.

    My company has not given me anything in the way of a disability policy. when I asked I got this one page word document outlining the benefit timetable. I have also not received anything from Cigna (STD insurance) either outlining any policy or restrictions.

    I'm in Illinois and since I'm not on FMLA and my company is of no help, what can I do without being penalized?

  • #2
    You can quit. I'm not sure where so many people get the idea that they're not allowed to quit while on STD without being penalized in some way. If you are able to work, albeit at the other job, your STD benefits will stop but that's the worst that can happen to you.
    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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    • #3
      If you quit, you can still receive disability benefits if you are still disabled & can't work. (It's very, very rare that disability benefits stop when you quit a job - almost never.)

      When you are no longer disabled & ready to work at the new job, then your disability benefits will cease.
      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.

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      • #4
        Ok thanks. I've been told you could get penalized and have to pay back all the premiums, but I wasn't sure if that was limited to all short term disability or short term disability with FMLA.

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        • #5
          There are situations under FMLA where you can be required to pay back all of the portion of the group health ins. premiums the employer paid on your behalf while on FMLA. It's up to the employer. It's if you don't return to work for at least 30 days (unless returning would not be under your control)

          STD is different.
          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.

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          • #6
            It has nothing to do with short term disabilty. An employee who is on FMLA and who opts not to return to work can be held responsible for health insurance premiums. Short term disabilty benefits or premiums are not affected.
            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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            • #7
              Ok. I'm not on FMLA (didn't qualify) so I should be set. Thanks.

              Comment


              • #8
                Good luck to you!!
                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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                • #9
                  Thanks so much for your help!

                  Comment


                  • #10
                    You're welcome & since you're not on FMLA you do not need to worry about paying back any premiums.
                    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


                    • #11
                      Just an update, I did turn my notice in (ahead of my return to work date and before the end of my approved leave) and they cut off my short term disability the day I submitted the resignation/notice. My doctor has not authorized me to work yet, and no forms have been signed or returned to the STD carrier. Guess I should have just waited and resigned the day I started the new job instead of giving any notice at all.

                      My former employer did not have a formal STD policy in writing that I was given (even when requested) so this is interesting. I have not sent anything to the STD carrier since I requested/initiated the claim a few months back and neither has my doctor.
                      MadMen2013
                      Junior Member
                      Last edited by MadMen2013; 04-25-2013, 03:30 PM.

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                      • #12
                        Are you sure it is an outside carrier and not a company paid benefit with an outside company administering it? Do you pay for the policy or does the company?

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                        • #13
                          Originally posted by HRinMA View Post
                          Are you sure it is an outside carrier and not a company paid benefit with an outside company administering it? Do you pay for the policy or does the company?

                          That's the interesting part - I don't really know. It comes from my paycheck and then later reimbursed by my company. No one has been able to answer that for me and unfortunately I have no policy paperwork at all.

                          I did contact my carrier today and they said I get my benefits as long as medically necessary. Apparently my company tried to pull a fast one and the insurance company caught it last night. So, I am supposed to get the last few days until I turn in the return to work form from my doctor. Whether I actually receive it or not in my check will be a different story. The mess unfortunately doesn't end with my short term disability

                          In the end, moving on was the best decision. Too bad it didn't happen before I got hurt.

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                          • #14
                            I don't know that the company could stop the STD. The STD policy governs benefits. Good luck.

                            Comment


                            • #15
                              There are STD carriesr who will terminate or suspend benefits when an insured ends employment. The carrier wants to make sure that the person is still disabled and could not have returned to work but for the termination. Benefits are reinstated once this has been verified.
                              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                              Comment

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