Does time from work on short term disability count against time for being vested?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does time from work on short term disability count against time for being vested?

While employed, I have become disabled and approved for SSDI. I am still considered an active employee now on long term disability. A Human Resources representative informed me that I am vested 5 years of service and as a result of receiving SSDI, I am eligible for disability retirement with no less than $400 a month income. My 5 year vested window passed when I was on short term disability, but according to HR that make no difference due to still be listed as an active employee. The insurance company has declined to pay the retirement benefit claiming I am not vested despite what HR states. The same merri-go-round continues. HR places the insurance company and me on speaker phone. HR is adamant with the insurance I qualify, yet a few days later the insurance company telephones my home and states I will not be receiving any benefit.

Asked on November 11, 2017 under Employment Labor Law, Maine


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Only time spent actually working applies for vesting in various different benefits: time spent still being "employed" (i.e. not terminated or laid off, or not having quit or resigned) but while not working (e.g. out from work on disability or on FMLA leave)  does not count for vesting. You don't accrue time when not actually working or drawing a regular paycheck.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption