Categories
Antiwork

[CA] Layoffs Vs Fmla/Short Term Disability

Since most companies are going to be laying off, why is it not a good idea to take advantage of Fmla and/or short term disability (especially if you’re eligible And have a genuine reason). Pros : Several benefits come to mind 1. Break from anxiety and stress at work, 2. Chance to attend to parents/child/that rash you always wanted to remove/therapy/mental peace and reset, 3. You get paid your full salary for Fmla (and job protected by law for 12 weeks) in many cases. 4. You can extend Fmla beyond 12 weeks to STD (short term disability (another 14 weeks and fully paid (100% if you’re working for any big tech company) for a total paid leave of 26 weeks – that’s 6 months of break to rethink, recharge, job search, soul search, figure out the next phase of your life – while doing things you really love with people…


Since most companies are going to be laying off, why is it not a good idea to take advantage of Fmla and/or short term disability (especially if you’re eligible And have a genuine reason).

Pros : Several benefits come to mind 1. Break from anxiety and stress at work, 2. Chance to attend to parents/child/that rash you always wanted to remove/therapy/mental peace and reset, 3. You get paid your full salary for Fmla (and job protected by law for 12 weeks) in many cases. 4. You can extend Fmla beyond 12 weeks to STD (short term disability (another 14 weeks and fully paid (100% if you’re working for any big tech company) for a total paid leave of 26 weeks – that’s 6 months of break to rethink, recharge, job search, soul search, figure out the next phase of your life – while doing things you really love with people you care about. 5. What do you have to lose ? The alternative is stay in your job and get Piped and get a severance or worse get fired without a dime. It’s a no brainer.

Cons: 1. Company will not fire you while on Fmla but may fire you while you’re extending beyond Fmla to std. big deal – a good employment lawyer will sue the company for wrongful termination – atleast get you a severance plus punitive damages plus compensation for mental anguish not to mention back pay in lost wages etc. you can also negotiate to change your exit to layoff as opposed to firing with cause – and collect unemployment. Also, even if you get fired you will continue to get paid as std is insurance based and covered by state/external parties, not the company.

Bonus tip: if you’re not satisfied or if 26 weeks are not long enough to get you back on a better track, there’s always long term disability (pays 60% of your base salary if you signed up for the additional insurance on your benefits plan and paying the premiums) . This is a particularly good strategy if you have a high base salary (for ex. $300k base will ensure you get $180k for atleast 2 years , possibly more)

Disclaimer: this is not advise just conjecture. Consult your lawyer, doctor, therapist, shaman before making decisions or taking any actions

Change my mind or thank me later!

Leave a Reply

Your email address will not be published. Required fields are marked *