Working while on STD--is this allowed?

[Anonymous]

I will be delivering very soon and will receive STD for 6-8 weeks, and will take a total of 12 weeks off from work. My boss asked if I could possibly come in as needed during my break. Of course this would be dependent on how I'm feeling, child care, etc (this is #2), but what I was curious about is if I come in to work, will this "void" my STD? Alternatively, I know they will call me at home and I will need to do some work from home... is this allowed?

I'm not looking to say "no" to my company, and I know my boss will make me whole, e.g. if I lose my STD he will make sure I still get paid, but I want to know if I need to be prepared for that possibility. There is a chance I may need to leave work earlier than expected so STD will kick in earlier, but I'm not quite prepared to leave (I haven't trained the temp completely) so I know they will be calling if I leave before my delivery date.

TIA for your insights.

[Anonymous]

I don't know the answer, but it probably depends on the insurance company that provides your STD benefit. Your HR person should know or you could contact the company directly. (BTW, I personally think that's really lame -- and possibly a violation of FMLA -- for your boss to ask you to come in during your leave.)

[Anonymous]

I do know--it voids it. If you work and it is recorded in any way, your insurance company is off the hook for paying for you, since you proved that you don't need STD.

So, for example, if you are there and hurt yourself, or your car gets dinged and you report it, or you take conference calls at home and report an expense from it, or anything happens that basically ties you to your workplace: done.

It's not a guaranteed time allotment (eg., you're delivered therefore you automatically get 6/8 weeks). That period, in the legalese, is the recommended recovery time, and if you are proven to be able to work prior to that, then it ends automatically.

Get the exact verbage on your specific policy from HR, and present it to your boss as it being their fault, not yours. Insurance companies, as you know, will do anything to not pay money. It's not worth the risk.

[Anonymous]

FWIW< I worked for one of the biggest US companies before I had my son a few years ago, and they were explicit and rigid on this point. As soon as I opted to maternity leave (via short-term disability) I was absolutely forbidden from engaging in any kind of work - including emailing colleagues. It annoyed me at the time, because I perceived it as an attempt to strongarm me into staying in the office up until the moment I gave birth (since the company did not have a work-from-home policy, I either had to be sitting at my desk or go on disability.) Their argument was the same as what a previous poster indicated - legally if you are on disability you absolutely cannot engage in any work without voiding the disability coverage.

[Anonymous]

I'm laughing because I'm in the same boat--my boss wants me to come back possibly "part time" during the maternity leave. Luckily I work for a huge company and have FMLA and this is my 2nd child, so I knew that the STD and working is illegal. He was still trying to get me to work the 2nd half of maternity leave (the part not covered by STD), and technically that is not illegal but it's a huge hassle with HR not to take the standard 12 weeks of FMLA straight. I also don't think I'd be ready to do anything after only 6 weeks anyway, even by email from home, except for to check email every few days or once a week or so. (Even at 12 weeks. coming back is going to be a stretch!)

Just stand up for yourself, especially if you work for a larger company. Remember, you work for your company and not for your boss. They are just nervous about handling things without you. Create a memo detailing where to find things, etc, and then USE you leave. You're either getting disability or not being paid for a reason--you are not working!

[Anonymous]

OP here. Thanks so much for your responses. I'm so glad I asked the question. With baby #1 my boss just chose to give me 8 weeks pay plus I tacked on 3 weeks saved vacation, so I didn't go on STD, although technically I was under FMLA. I did check email, answer calls, check in regularly, etc.

This pregnancy my same boss asked me to check with HR on what the company's maternity policy is, and that's when I learned about STD. I will check with my HR department to see what "work", if any, is acceptable (e.g. email/telephone, etc). I don't want to void my STD, and I don't think I want to tell my boss this issue at this time--for fear he will offer to pay me for that time instead of my going on STD, and then assume that I will be willing to do some work on my leave.

Thanks again for your valuable input!!

[Anonymous]

Would strongly recommend NOT working while on STD - though you can check with HR I doubt this is a possibility. I did not go on STD but used sick and vacation time after DS #1. I went back part time after 6 weeks b/c it allowed me to transition into work again....and extend time off a little longer for day care needs. Just a different perspective on why one might opt for part time. This time I intend to use the FMLA benefit but again in a part tim capacity (2 days a week) to again extend time with DC #2.