Is short term disability considered

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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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