FMLA, STD, and Benefits

I am currently out on FMLA and do not plan to return to work. If I leave before Dec 31, I am eligible to cash out my vacation. My doctor has recommended applying for short-term disability. Can I quit while on STD? If so, what are the consequences? If I quit while on STD, can I still cash out my vacation? Will the STD stop the day I quit or through the approved period?

Asked on December 14, 2017 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Short-term disability replaces income (or at least part of it) when you would otherwise be working--i.e. are employed--except for some disability, injury, or condition preventing you from working. You have to have a job which the disability prevents you from doing to get STD. Unemployed people cannot and do not get STD, which should answer your question: if you quit while on STD, your benefits stop when you quit And since STD is just income replacement, it does not "hold your job" or continue it in any way: if you quit prior to Dec. 31, you will not be eligible for the cash out you needed to be employed as of Dec. 31 to get.

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