Q: I’m scheduled for a surgery that will require a three month medical absence. While I’m home recovering I will be collecting short term disability payments from my employer.
If I were to opt to NOT go back to work after I’m cleared (in other words if I quit) could there be financial or even legal repercussions from my employer?
I know ethically it’s probably not the most honest thing to do but I feel like I need this (paid) break to regain my health, and look for another job that’s less physically demanding.
A: Let’s unpack this individually.
Regarding your financial or legal obligation to your employer for receiving Short Term Disability benefits (STD), there may not be any. Whether you elected to purchase STD insurance or your employer provided it as a perk, employers normally don’t incur the expense of STD payments to you directly. Instead, the expense is being born by the insurance company.
Of course every company’s leave policy is different and you may have to pay back a portion of something (for example if you used paid leave you had not yet earned to cover a percentage of your paycheck). So make sure you –discreetly- check the small print on the paperwork.
Ethically, I agree that there’s something dishonest about telling your employer you’ll be back to work in 3 months, even though you have no intention of returning. Leaving them out on the lurch will be an inconvenience to the company and to co-workers that anticipated your return and carried an extra load. There may be some bad karma in the making.
However, HR professionals know that an employee not returning from medical leave is par for the course. Some employees have every intension of returning from maternity leave and then fall in love with their baby. Some leave to take care of a parent’s illness and end up having to relocate. Others -like you- find the thought of returning to a demanding job too difficult to bear. I’ve seen all these examples. The difference is that in your case, you already know your decision. I don’t endorse what you plan to do, (I’m glad that you’re having some heartburn about it because it shouldn’t be easy) but it’s not crazy or unusually harmful to your employer. It’s something they know it’s possible.
Not intended as legal advice.
©Copyright Eva Del Rio
Eva Del Rio is creator of HR Box™ – tools for small businesses and startups. Send questions to Eva@evadelrio.com
