I am currently on long term disability with my company. I would be returning to work next month, but I have accepted a job with a different company.

How many days notice should I give my employer considering I am on long term disability and not currently working?

  • Where are you? Customs and contracts differ.... – keshlam Dec 21 '16 at 18:37
  • How are you on LTD and able to work -- would this not be "double dipping"? Would you be coming off LTD at your current company shortly? – Neo Dec 21 '16 at 18:37
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    I would be going back to work at my current company. Or starting a new job with another company. I would be coming off of LTD on Jan 1, 2017 – Roben Graziadei Dec 21 '16 at 18:44
  • How long were you on disability? – Lumberjack Dec 21 '16 at 20:47
  • Were you paid a wage while you were out on disability? – Lumberjack Dec 21 '16 at 20:47

You give the customary notice period, what you would give if you were not on long term disability. If you would normally give 2 weeks, you give 2 weeks. If you would give 3 months, you give 3 months. You give the professional and customary notice, because you're first a professional, and the sickness or injury is not your defining characteristic.

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    However, I would ask them if they would be willing to waive the notice since you are not at work and there is no need for turnover at this point. Most reasonable companies would be willing and then you could start earlier with the new company. – HLGEM Dec 21 '16 at 19:36

At this point there is more than 2 weeks between when you would start a new job and when your LTD is over. ( as in you would pass the date your LTD would expire )

I don't see any issue with you turning in your notice now, or if you have the flexibility with your new employer, turn it in on January 3, 2017.

If you are able to wait, the worry regarding the timing of your coming off LTD is moot.

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    Thanks for your input. Flexibility as in starting my new job after January 3? Or as in starting my new job on January 2 and giving my resignation on January 2 or 3, 2017? – Roben Graziadei Dec 21 '16 at 18:54
  • @RobenGraziadei As in putting in your resignation on the day your LTD ends. That way there would be no potential point of contention. – Neo Dec 21 '16 at 18:58

There are legal questions that are specific to your location (which we don't know). I obviously won't address that but will answer as if you're in the US.

I'm going to differ with the other answers and tell you that you shouldn't quit until you have to go back and not before. If you give notice, it's very possible your company could refuse the notice and terminate you immediately. That would likely stop your health insurance as well as potentially your LTD since you're no longer working there.

Something else to consider. Since you've been able to look for work while you are disabled, it's possible that your employer (or their carrier) would allege that you weren't disabled after all and attempt to recover what you were paid while on LTD. And if you say that you couldn't do your regular job but could still look elsewhere, they could say that they weren't given the opportunity to place you on light duty.

One thing is certain though, you really need to find out what the legal ramifications are that are specific to your situation and we can't do that here.

If it were me, I'd actually return to work for 1 week and then give my notice. It makes everything cleaner.

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    At least one week and even then I'd feel pretty guilty. – Lumberjack Dec 21 '16 at 21:44

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