Fired while on Long term disability

Discussion in 'Termination: Firing & Resignation' started by KevinChampion, Nov 8, 2008.

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  1. KevinChampion

    KevinChampion Law Topic Starter New Member

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    My gf's dad was diagnosed with Kidney Cancer over 2 years ago. He was on short term disability because he had surgery to remove one of his kidneys. but then went back to work. He then found out the cancer spreaded to his pancreas and had to have whipple surgery in order to remove the infected part of his pancreas and has been on Long term disability since July of 2007. He recently got a phone call from his employer stating that they were doing away with his position and that he had been fired. He lives in Chicago, IL and the company is in Addison, IL My question is are they allowed to do this to him?
     
  2. cbg

    cbg Super Moderator

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    Yes, they are. I don't know where so many people get the idea that collecting disability benefits makes them immune from firing. The employer is not required to hold an employee's job indefinitely no matter how legitimate the need for additional medical leave.

    In actual fact, they held his job MUCH longer than the law says they have to. Barring a bona fide and enforceable contract that specifically says otherwise, or a state law (which Illinois does not have) the longest an employer is required by law to hold the job for an employee on medical leave is 12 weeks. On week 13, day one, the employee loses their job protection rights.
     
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