What happens if someone is laid off during a medical leave? Do they still qualify for severance?
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meant *60 not 69 days
Yes some states require 69 day notice and some require 70 days. I happen to live in Oregon that only requires 60 days.
Thank you for sharing your experience. That was helpful. I thought 60 day notice was federal, but based on the last comment, it sounds like it could vary state to state. I'll see what I can find on that.
Actually when your doctor releases you to go back to work, +60 days is the answer if you are on STD and in a 60-day notice period state. The day the doctor says you can return to work is the day that the 60-day notice period begins. I just went through it in July. After getting my “heads up” in Q1 that I was going to be laid off in Q2, I took medical leave to have major surgery. Two months into my leave, my manager called and gave me my formal notice. After rehab, my doctor released me on 7/22 and my 60 day notice period began on 7/23. My 60-day notice ends on 9/23 and my severance will start.
Great, thanks. I will look it up.
Yes. 1st, your notice period will be the length of the leave or 60 days, whichever is longer. 2nd, you report back and then they need to notify you of OWBPA, which will be another 45 days. It usually takes a week for them to place you on it. It cannot be run until the leave is complete. 3rd, they will place you on severance after OWBPA is complete.
Yes.