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can i go out on sick leave, hit my retirement date and not go back to work?
01-15-2008, 05:15 PM
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#1
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Recycles dryer sheets
Join Date: Dec 2007
Posts: 79
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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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01-15-2008, 05:19 PM
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#2
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Full time employment: Posting here.
Join Date: Dec 2006
Location: Florida
Posts: 854
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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.
__________________
I would not have anyone adopt my mode of living...but I would have each one be very careful to find out and pursue his own way, and not his father's or his mother's or his neighbor's instead. Thoreau, Walden
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01-15-2008, 10:09 PM
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#3
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: Mar 2005
Location: Chicago
Posts: 13,186
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Quote:
Originally Posted by Sandy
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.
__________________
"I wasn't born blue blood. I was born blue-collar." John Wort Hannam
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01-16-2008, 05:22 PM
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#4
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Thinks s/he gets paid by the post
Join Date: Oct 2007
Location: Willamette Valley, Oregon
Posts: 1,979
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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!
__________________
Dreams Worth Dreaming are Dreams Worth Planning For. I Spent a Career Planning for Early Retirement.
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01-16-2008, 07:46 PM
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#5
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Thinks s/he gets paid by the post
Join Date: Jun 2007
Posts: 2,657
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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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01-16-2008, 08:24 PM
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#6
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Administrator
Join Date: Jul 2005
Location: N. Yorkshire
Posts: 34,126
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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.
__________________
Retired in Jan, 2010 at 55, moved to England in May 2016
Enough private pension and SS income to cover all needs
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01-16-2008, 11:17 PM
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#7
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Thinks s/he gets paid by the post
Join Date: Oct 2007
Location: Willamette Valley, Oregon
Posts: 1,979
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Quote:
Originally Posted by growing_older
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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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.
__________________
Dreams Worth Dreaming are Dreams Worth Planning For. I Spent a Career Planning for Early Retirement.
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12-02-2010, 04:00 PM
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#8
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Dryer sheet aficionado
Join Date: Apr 2010
Location: Canada
Posts: 36
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Quote:
Originally Posted by Alan
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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This would be my choice. First day back give them 2 weeks notice. And then relax.
__________________
Gettin old, getting grey, gettin ripped off, underpaid, gettin had, gettin took . . . let me tell you people, it's harder than it looks (Long Way to the Top - AC/DC)
Divin Dave
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