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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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Employment Law Question - My company, Headquartered in NJ,

Customer Question

Employment Law Question - My company, Headquartered in NJ, recently announced my job would be downgraded effective January 1, 2016. Because of the nature of the downgrade, I can opt for severance. My employer is asking that I respond to them by either opting to accept the Salary Downgrade or opting for the severance package within 7 days of notification.
I have been delaying a shoulder surgery because of my current workload. I am covered by my employer for STD Insurance. If I go out on STD before signing the severance/Job Downgrade will I be eligible for benefits? What if I opt for the severance, which essentially will terminate my employment effective 12/31/2015? Will my STD stop upon termination?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to read your STD policy itself first to see if they cover you even after your employment terminates, because they may only cover active employees. Going on STD would not stop your termination, but if you will be on STD, where the employer is not going to be paying you, then you need to negotiate a new termination date based on the surgery (they can make the termination date later if you are not going to be working and only getting STD, it is wholly up to the employer's discretion on that).
IF your STD policy does not say you need to be actively employed as long as you are employed at the time you go out STD, then you can take the severance and go out before December 31 and still be covered.