Does giving requested resignation interfere with receiving STD benefits?

UPDATED: May 25, 2012

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Does giving requested resignation interfere with receiving STD benefits?

I’m receiving STD after breast cancer surgery last month. My employer encourages resignation as physician restrictions apply for return to work not accepted. Before diagnosis, I anticipated move in about 6 weeks. I have not given notice. I want, and think, that I should wait until the first of the month (4 weeks) to give notice.

Asked on May 25, 2012 under Employment Labor Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Before you make a decision to resign from employment, I recommend that you consult with an attorney that practices in the area of labor law. The concern that I have is that if you terminate your employment on your own volition, your employer will not be responsible for paying any and all benefits that you may be receiving, including health care.

Given the cancer that you have, medical insurance for you will be very expensive in the future if you are forced to pay for it on your own as opposed under the presumed work benefit payment.

I recommend waiting as long as possible before you resign your employment from work and do so only after you have consulted with a labor law attorney and have consulted with him or her as to the pros and cons of ending your employment on your own terms.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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