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can i go out on sick leave, hit my retirement date and not go back to work?
Old 01-15-2008, 06:15 PM   #1
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can i go out on sick leave, hit my retirement date and not go back to work?

Just came from bunion doctor, he said I need surgery and will be out of work 4-6wks. Im giving my notice beginning of July. Can I wait till mid/late May and have the surgery then? This would mean I wouldnt return to work. My date will come and I'll be out on sick leave. Or do I need to physically be at work on my retirement date?
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Old 01-15-2008, 06:19 PM   #2
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Depends on your employer's policies. You will need to check with HR.

Also, hope the surgery and recovery goes smoothly.
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Old 01-15-2008, 11:09 PM   #3
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Depends on your employer's policies. You will need to check with HR.

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Yep. Depends on your employer. No one here would/should guess your employer's policy.

My pre-retirement employer would have required me to return to work and then go to retirement status. The return might have been basically on paper, a status change from MLOA to active, but a return just the same.
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Old 01-16-2008, 06:22 PM   #4
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Best bet as other suggested is to check with your employer HR dept, to be sure of exact rules.

But my guess is, in practice, you can be on sick leave, then retire. Only reason to set foot back at employer would be to clean out desk, have a piece of your retirement going away cake, sign off last minute paperwork relating to retiring, and say your goodbyes.

Enjoy!
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Old 01-16-2008, 08:46 PM   #5
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Where I work, sick leave is not paid out for employees leaving the company. If you end your employment with a sick leave, they move your effective date of termination to before the sick leave started, then refuse to pay the sick leave. Ex-employees are not entitled to sick leave. Ex-employees are not entitled to pay out of the balance of their sick leave. You have to take the sick leave while still employed, return to work for at least one day, then you can retire. You also have to get your manager to agree to this, and that can be problematic if you are not on good terms.

I'd suggest you inquire about policies where you work. Policies can vary.
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Old 01-16-2008, 09:24 PM   #6
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This is too important to mess up. Check with HR or if not sure, play it safe and do the surgery earlier and go back to work for a week or 2.
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Old 01-17-2008, 12:17 AM   #7
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Where I work, sick leave is not paid out for employees leaving the company. If you end your employment with a sick leave, they move your effective date of termination to before the sick leave started, then refuse to pay the sick leave. Ex-employees are not entitled to sick leave. Ex-employees are not entitled to pay out of the balance of their sick leave. You have to take the sick leave while still employed, return to work for at least one day, then you can retire. You also have to get your manager to agree to this, and that can be problematic if you are not on good terms.

I'd suggest you inquire about policies where you work. Policies can vary.

Has your company ever been sued for breaking some of the government's ERISA laws? Feds have some pretty strict laws governing retirement rights, and "changing an effective retirement date" seems like a dicey thing to do. Especially if the retiree submits papers saying I am going to retire XX date, then the company just unilaterally says, "no, it is yy date". Also, if employee was on valid sick leave (foot surgery), also seems dicey for the company to try all of a sudden try not paying for that. Discrimination.

I think your company may be pushing over the limits if what you say is true. A lawsuit waiting to happen. Or maybe a valid complaint to your state's Bureau of Labor waiting to happen.

But, who wants to sue when they are retiring. May be best for OP to come back a day, then tell them to take their job and shove it.
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Old 12-02-2010, 05:00 PM   #8
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This is too important to mess up. Check with HR or if not sure, play it safe and do the surgery earlier and go back to work for a week or 2.
This would be my choice. First day back give them 2 weeks notice. And then relax.
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