Overview
This video by disability lawyer David Brannon explains important considerations regarding quitting your job while on long-term disability (LTD) and highlights potential legal and financial consequences.
Risks of Quitting While on Long-Term Disability
- Quitting your job while on LTD can have significant implications for your disability claim.
- Employment status at the time you apply for LTD may affect eligibility under some policies.
- Insurance companies may view quitting as a red flag, questioning the legitimacy of your disability.
- Quitting could make it harder to find new employment, as new employers have fewer obligations to accommodate disabilities.
Alternatives to Quitting
- You may remain on medical leave indefinitely unless your employer initiates termination.
- If terminated by the employer, you may be entitled to severance or termination pay.
Policy and Legal Considerations
- The right to LTD benefits is generally separate from your ongoing employment relationship.
- Some policies require you to be an active employee when applying for LTD.
- Employers have a legal duty to accommodate employees with disabilities under human rights laws.
Financial and Benefit Implications
- Quitting may lead to the loss of additional workplace benefits such as health plans and pension contributions.
- Keeping your employment status may help maintain these supplementary benefits.
Recommendations / Advice
- Seek legal advice before deciding to quit your job while on long-term disability.
- Carefully consider the reasons for quitting and the potential impact on your LTD claim and employment benefits.
- Consider attempting a return to your former employer, as they have accommodation obligations, unlike new employers.