Can an employer fire you if you were on short term disability and under the doctors care and returned to work after doctor released you on the date indicated on the release?

Answer 1

The Family Medical Leave Act provides 12 weeks of job protected leave, and applies to employers with 50 or more employees. If you are out of work longer than 12 weeks, and/or your employer has less than 50 employees - you can be fired.

Answer 2

An employer can discontinue employment for multiple reasons, including your inability to work. If your short-term disability was through your employer, and you didn't have a long-term disability insurance policy, your employer is not obligated to continue paying your salary or sick-pay benefits beyond your short-term disability policy.

Answer 3

Most employment in the US operates under an "at will" principle, meaning that an employer can fire you pretty much any time they want to, as long as they are prepared to prove the firing was not discriminatory in nature.

So, bottom line: Can they fire you? Yes, they can. Can you sue them for wrongful termination? Yes, you can. Will you win? That's what courts are for determining.

Answer 4

An employer can try inquire an employee to return to work, but if your attending physician considers you unable to work, you are still considered disabled. However, employment could be terminated if there are signs that you can no return to work anytime soon. Make sure you have a long-term disability policy in place, either through your employer, or even better - an individual disability insurance policy.

Answer 5

no