Can you be fired when you are on long term disability?

Answer 1

This is actually quite common. The FMLA provides 12 weeks of job protected leave, but applies only to employers with more than 50 employees. If your disability lasts beyond 12 weeks, or you work for a small employer you may legally lose your job. Several states have laws which fill in some of the holes in FMLA. Check your state rules where you work.

Answer 2

Yes. Once it has been determined by your medical doctor that you are able to return to work again, you are expected at work the next day. If you fail to show up for work, the company may consider it a 'voluntary quit' and/or terminate you.

Answer 3

Your short term disability benefits, and any employment decisions are unrelated to one another. An insurance carrier pays your benefit.

Your employer may be bound by FMLA rules and regulations if there are more than 50 employees. FMLA requires your employer to hold your job for a specified time frame.

Answer 4

Last april 25 i have torn and ligament surgery i was in short term dissability that time and i receive a notice from my emplyer that my fmla exhaust july 31st 2011 but up to now already october 2011 iwas still cannot go to back to work.so this coming october 25 my ltd will start kicking in i dont know when my doctoer will release me to go back to work because the mobility of my left hand is not well yet. If my doctor will release me go back to work maybe early next year. Can i still go back to work or im already no job when i come back. My manger called me and told me that she cannot held my job for me when i acked her what do you mean by that when i ask her am i fired she said no. She only told just read the packet that the ltd sent to me. My question is just because fmla exhaust july 31st and im already inltd can i still have a job or im already no more job when my fmla exhaust

Answer 5

No, that would be illegal. Under the law, particularly Americans with Disabilities Act of 1990 (ADA), adverse employment actions such as firing or refusing to hire an employee on the basis of his medical condition or disability (ex. taking leaves because of health) are considered as discriminatory and therefore, against the law. The employer is required to provide "reasonable accommodation" to a qualified individual with a disability, this includes allowing him/her to take time off or leaves because of his or her disability.

Answer 6

depends on your boss

Another Answer

There are local, state and Federal Laws against firing you based on your disability.

Another Answer

If you have left your job based on an injury and are collecting a disability pension, and your company fires you, you are best advised to consult with an attorney so that you fully understand your rights.

Answer 7

If an employer fires you for having a disability,that`s discrimination. Hire an attorney(if you have a case they will take it for free) and file a lawsuit.

Another View: Actually the question is unclear. You cannot be fired solely for having a disability UNLESS your employment requires that you must be physically capable of carrying out your duties.

If you're using your disability as a reason/excuse for taking excessive sick leave, it can be somewhat different. Your disability will not shield you. Your employer is not running a charity and they expect you to be present at work to fulfill the duties and obligations of the position you are being paid for.

Answer 8

Can I be fired while being on short term disability. I was even urged by my employer to go ahead and take the time to get well.