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Started By
Message
Is this legal? Short-term Disability/Maternity Leave Question
Posted on 4/26/18 at 4:47 pm
Posted on 4/26/18 at 4:47 pm
Say “my friend’s wife” has 2 jobs. Job 1 is as a nurse and requires her to be in the office 5 days a week on her feet. She is about to be on maternity leave and will collect 6 weeks of short term disability for that, which she has paid into for a year (and 2 weeks subsequent of saved of sick time for a total of 8 weeks).
Job number 2 is something she does from home while on the couch (social media manager for several retail stores). She can do this while on maternity leave from Job 1.
Question:
Can she collect pay checks for Job 2 while simultaneously collecting short-term disability from Job 1 for her maternity leave? Or is that highly illegal
?
Job number 2 is something she does from home while on the couch (social media manager for several retail stores). She can do this while on maternity leave from Job 1.
Question:
Can she collect pay checks for Job 2 while simultaneously collecting short-term disability from Job 1 for her maternity leave? Or is that highly illegal
? 
7
Posted on 4/26/18 at 5:15 pm to TheCaterpillar
Highly illegal.
Unless she's paid cash for job 2, she'll get caught.
Unless she's paid cash for job 2, she'll get caught.
Posted on 4/26/18 at 5:26 pm to BamaCoaster
quote:
Highly illegal. Unless she's paid cash for job 2, she'll get caught.
Only for Social security disability, private disability insurance can be occupation specific. My disability insurance would compensate me if I became physically unable to do the specific job I had coverage for, it would continue to pay even if I found something else to do that was within my remaining abilities.
Posted on 4/26/18 at 5:44 pm to EA6B
quote:
My disability insurance would compensate me if I became physically unable to do the specific job I had coverage for
True, but the majority of the time, short term disability is any occ.
Posted on 4/26/18 at 6:19 pm to TheCaterpillar
She needs to look into the details of what the coverage pays for. It could be legal, then again it might not be. It's all spelled out in the plan and she needs to talk with HR about it.
Posted on 4/26/18 at 9:45 pm to TheCaterpillar
She can't do the nurse job because of her disability.
Legal.
analogy -- same would be said if an attorney has surgery and can not speak. He is disabled. But, he can continue his auto mechanic work.
Legal.
analogy -- same would be said if an attorney has surgery and can not speak. He is disabled. But, he can continue his auto mechanic work.
Posted on 4/27/18 at 7:27 am to TheCaterpillar
This must be "your friends wife" first child. No one with a new baby is doing any work from home.
This post was edited on 4/27/18 at 7:28 am
Posted on 4/27/18 at 10:16 am to matthew25
quote:
analogy -- same would be said if an attorney has surgery and can not speak.
Good luck with that. Outside of mental impairment, dude would have to not be able to speak nor type nor move his eyeballs since there are now programs designed for all those input methods to convert thought to written communication or speech.
I've never dealt with an attorney disability claim before but I imagine any of the "brain" jobs would be hard to get compensated for without brain damage.
Technology is awesome but it's an enemy of your disability claim
This post was edited on 4/27/18 at 10:18 am
Posted on 4/27/18 at 11:03 am to TheCaterpillar
"Your friend" needs to do the social media management work for a few months.
Posted on 4/27/18 at 10:14 pm to Teddy Ruxpin
An attorney can meet with a client if he can move his eyeballs?
I'm rolling my eyeballs at you right now.
No judge is going to allow an attorney in court who communicates via eyeballs.
I can see a Jim Carry movie out of this.
I'm rolling my eyeballs at you right now.
No judge is going to allow an attorney in court who communicates via eyeballs.
I can see a Jim Carry movie out of this.
Posted on 4/28/18 at 3:03 pm to matthew25
quote:
An attorney can meet with a client if he can move his eyeballs?
I'm rolling my eyeballs at you right now.
No judge is going to allow an attorney in court who communicates via eyeballs.
I can see a Jim Carry movie out of this.
I think he's saying you can still do legal work even if you're physically unable to be a trial lawyer.
But it seems to me that would cut into your income. You'd basically be a clerk and the disability ought to make up the difference.
Posted on 4/28/18 at 3:24 pm to matthew25
quote:
An attorney can meet with a client if he can move his eyeballs?
I'm rolling my eyeballs at you right now.
No judge is going to allow an attorney in court who communicates via eyeballs.
Yes, they've created software programs that allow users to direct their eyes at a screen of letters/symbols,etc that allows for communication.
I imagine it won't be terribly long when that is able to do very complicated tasks.
This post was edited on 4/28/18 at 3:25 pm
Posted on 4/28/18 at 3:26 pm to Bestbank Tiger
quote:
I think he's saying you can still do legal work even if you're physically unable to be a trial lawyer.
But it seems to me that would cut into your income. You'd basically be a clerk and the disability ought to make up the difference.
Que? There's more to being an attorney than going to court and arguing. If you're able to write a memo, contract, or give legal advice you can make a ton of money. It's called being a transactional attorney.
This post was edited on 4/28/18 at 3:27 pm
Posted on 4/28/18 at 9:40 pm to TheCaterpillar
Gotta read the policy and see if it's "any occupation" or "stated occupation".
And good luck to your friend's wife on the working from home with a newborn thing.
And good luck to your friend's wife on the working from home with a newborn thing.
Posted on 4/28/18 at 11:14 pm to Teddy Ruxpin
Name one law school that teaches transactional law as a course.
Posted on 4/29/18 at 9:59 am to TheCaterpillar
Is the wife taking FMLA?
While working a second job while on FMLA is not prohibited, the original company can terminate FMLA benefits if they have a written policy.
FMLA
While working a second job while on FMLA is not prohibited, the original company can terminate FMLA benefits if they have a written policy.
quote:
If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave. An employer which does not have such a policy may not deny benefits to which an employee is entitled under FMLA on this basis unless the FMLA leave was fraudulently obtained.
Where there is no policy in place, however, an employee on FMLA leave arguably can maintain a second job, even if the work is similar to her current position.
FMLA
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