Is short term disability considered

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Is short term disability considered

I retired from a company where I earned a performance bonus for the year. My last day of actually going to work was July 6th. I was then

placed on short term disability until September 12th and then retired. The bonus for the year was calculated as of December 31st. As a retiree the company bonus plan pays a pro-rated amount based on my last day of active employment. I received that bonus based on the July date and not the September date. If short term disability is considered active employment I believe I should have received the pro-rated bonus based on the September date. I lived and worked in NY during this time and the employer is based in MN.

Asked on August 6, 2018 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, short term disability is not considered active employment for this purpose for the simple and common sense reason you were not working--i.e. not being actively employed. Short term disability is a form of income replacement available to you when you can't work. By definition, if on STD, you are not working and so not acruing time for the purpose of anything based on actually working.


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