Can i work another job while on short term disability

DEAR READERS: I recently received an email from someone in New York who has been out on short-term disability since mid-October. She is scheduled to return to work soon but isn’t sure she wants to because she is considering a new career. The question she’s posing: “Can I can interview with other companies, and possibly resign from my current position, while on short-term disability?”

Several business owners and human resources experts weighed in on this question, and the answer was unanimous: Unless her company has a policy that addresses this specific issue, she is free to interview for other jobs and, if she finds a new position, to resign while out on leave under the Family and Medical Leave Act (FMLA).

“The thing you have to remember when it comes to short-term disability is that it is a status that is associated with a single job. It does not mean you are disabled. You are just unable to perform the duties associated with that job at that employer,” explains Phil Strazzulla, CEO of Select Software Reviews. “If there is another job that you would be interested in, there’s nothing legally preventing you from applying and interviewing for the position.”

David Aylor of David Aylor Law Offices in Charleston, South Carolina, agrees that anyone is free to interview for a new role during their short-term disability leave, but notes one situation that could cause legal trouble for the employee: if the interview process includes activity that is contrary to the medical limitations of the employee, as outlined in their FMLA medical certification. “In that case, the current employer may sue their employee for FMLA fraud,” Aylor cautions.

There also can be negative consequences for employees who rely on their current employer for health benefits, explains Jennifer Hartman, an HR writer at Fit Small Business. “If the employee is insured with the company and their health care premiums are being paid while they are on disability, they may be responsible for repaying the premiums to the company,” Hartman explains.

Not only is it legal for employees on leave to interview for a new job and quit their current one — it’s also often expected, according to Brenda Neckvatal (aka “The HR Lady”), who has worked in the human resources arena for more than 23 years.

“It’s not always a surprise when an employee submits a letter of resignation as the leave end date approaches,” Neckvatal says. “It’s more common than most realize.”

But as Neckvatal notes, there is a potential downside.

“If an employee accepts a position with another company while on short term disability leave, there is a risk of burning a bridge with a former employer,” she says.

Strazzulla offers similar words of caution: “Allowed doesn’t necessarily mean acceptable…it doesn’t mean it’s in good taste,” he concludes. “You have to remember that if something feels wrong to you, it may look wrong to a prospective employer.”

(Kathleen Furore is a Chicago-based writer and editor who has covered personal finance and other business-related topics for a variety of trade and consumer publications. You can email her your career questions at .)

©2021 Tribune Content Agency, LLC.

To see if you’re entitled to look for another job while receiving long-term disability benefits, you may be required to review the terms of your insurance policy. In certain cases, you may be eligible to pursue other employment opportunities and still receive disability benefits, but doing so may require you to fulfill certain stipulations.

In many cases, returning to the workforce may reduce the amount of your long-term disability benefits payments. Insurance companies may also decide to cease your payments entirely. If you believe your long-term disability benefits were unfairly halted because you were exploring new employment opportunities, a long-term disability claims lawyer may be able to help you appeal your insurance company’s decision.

You May Be Able to Look for Another Job Under Certain Circumstances

If you’re receiving long-term disability benefits and would like to try returning to the workforce, before making any decisions, it may be prudent to discuss the idea with your doctor. If you try returning to work without your doctor’s approval, you may jeopardize your eligibility for long-term disability benefits.

During a recipient’s first two years of long-term disability coverage, the insurance policy will likely provide compensation if their medical conditions prevent them from performing the duties of their own job. These policies are not contingent on a recipient’s ability to perform beyond their own occupation.

In these cases, if a doctor grants their approval, individuals may be able to perform the duties of another job while receiving their long-term disability benefits. These individuals may be required to notify their insurance providers before accepting another job.

Many long-term disability policies may require recipients to look for new jobs after receiving benefits for a lengthy period of time if their medical conditions allow them to earn a living in a different occupation or field.

If your insurance provider unfairly determines that you are no longer eligible to receive long-term disability benefits, but you believe your injuries or disabilities still prohibit you from returning to the workforce, a long-term disability claims lawyer may be able to provide useful assistance or advice.

Return to Work Programs

The conditions and requirements for long-term disability benefits recipients who wish to return to work vary between insurance providers. The specific details of an individual’s policy will determine the appropriate course of action when a recipient is ready to look for another job. In general, though, most insurance carriers offer some form of graduated return to work program. Participating in this type of plan with the approval of your doctor and insurance provider may help protect your benefits.

Depending on the stipulations of the program offered by your insurance carrier, you may be able to return to work while still receiving some or all of your benefits. Once you’ve worked a certain number of hours or received a certain amount of remuneration, the insurance carrier may reduce your long-term disability benefit payments. This gradual reduction of benefits is a common feature of most long-term disability plans, including Canada Pension Plan’s disability benefits.

You May Be Able to Challenge a Benefits Denial Caused by Returning to Work

If your search for new employment has triggered the cancellation of your long-term disability benefits, Preszler Injury Lawyers may be able to review your policy and, if you’re eligible to continue receiving benefits payments, appeal your insurance company’s decision. To learn more, reach out to Preszler Injury Lawyers today by calling 1-800-JUSTICE.