Q: Am I able to give notice while on short-term disability leave and not lose benefits?

A: It never ceases to amaze me how people can ask simple "legal" questions that--as far as I know--have never been asked before; this is one.

So rather than wasting time and money trying to draft and introduce proposed new legislation designed to answer this simple question, let's try reasoning it out; OK?

1. Florida's "short-term disability" laws were created to allow full-time employees the ability to take needed "disability leave" time to recover from some temporary injury or illness that prevents them from working.

2. Under normal circumstances involving a health-related reason, the employee requests short-term disability leave BEFORE the leave will be needed--so the employer can decide how to handle any possible short-staffing problem that might occur by the employee's temporary absence.

3. The amount of leave requested by the employee does NOT affect the amount authorized; so if the employee needs more time than the employer wants to allow, the employee might have to use some other form of accrued leave to bridge the gap.

4. If the employee unexpectedly dies while out on short-term disability leave they (obviously) are no longer going to be paid any benefits for any time past the time of their death.

5. This prudent policy saves the employer money--and also allows the employer to start looking for a replacement needed to fill the position vacated by the decedent.

6. So, applying the above information and hypothetical situation to your facts it should be apparent to you that your employer does NOT have to pay you any benefits beyond the authorized amount of time previously given.

7. Now, before you ask the next question (what if I just quit at the end of my benefits), let me answer it by saying "who knows?"