Life Events: Disability

FAQs

What happens to my stock grants if I become temporarily disabled?

Under some stock plans, if you are temporarily disabled and your employment is not terminated, you...

What happens to my stock options if I become permanently disabled?

If your disability is total and permanent, most option plans treat you as if you have terminated employment, and thus...

NEW! What would happen to my performance share grant if I were to lose my job, retire, become disabled, or die?

When you terminate for standard reasons before the end of the performance cycle, you usually lose all rights to receive the grant, even if the goal appears very obtainable. If you have overlapping or concurrent grants that are outstanding...

How is "permanent disability" usually defined?

For NQSOs, no definition of disability is specified by law. Employers have great discretion here in drafting their plans. Many plans define disability...

When I am no longer with my company (e.g., because of job loss, disability, or death), will tax-law limits or deadlines dictate when I must exercise an ISO?

Yes. Under the Internal Revenue Code, you must exercise an ISO within...

Are the disability rules the same for ISOs?

Not necessarily. If a plan wants to allow optionholders more than three months (but not more than one year) to exercise an ISO after termination of employment...

Does income from stock options affect my payments under disability policies or pension plans?

It may. Your payments are rooted in your pre-disability or pre-retirement earnings in some way. Courts have addressed this issue...

Does vesting continue while I am on a leave of absence or a sabbatical?

This depends on the terms of your company's plan document and your grant agreement as well as on the reason for the absence. Some plans give you vesting credit for...

Does the reason for my leave of absence or sabbatical affect vesting?

Yes, according to the terms of your stock grant and any flexibility given by your plan administrator. Usually you...

Does maternity leave stop my vesting?

Companies either include maternity in their short-term disability policy (and suspend vesting, regardless of the reason for the short-term leave) or...

What are the most common periods after termination during which stock options can be exercised? Does the reason (e.g., disability, early retirement) matter?

Usually, you will have time after you leave the company to exercise your options. However, some companies...

Do special rules determine when a leave of absence is a termination of employment for the purposes of ISOs?

For ISO purposes, a bona fide leave of absence greater than three months can constitute a termination of employment if...

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