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Can you get fired for disability time off?

Discussion in 'Medical Leave & Disability' started by Wakets, Feb 9, 2013.

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  1. Wakets

    Wakets Law Topic Starter New Member

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    I have a problem with my back as a result of a car accident. I will need to take a few weeks off as a result. I will probably apply for disability. Can you be fired or laid off when you're on disability?
     
  2. Betty3

    Betty3 Super Moderator

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  3. Wakets

    Wakets Law Topic Starter New Member

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    Thank you for answering. It looks like I would be able to meet the requirements. I didn't think of that but I have been there long enough.
     
  4. Betty3

    Betty3 Super Moderator

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    If *all* the requirements are met for FMLA, then you can request job protected leave under FMLA. It offers up to 12 weeks of job protected leave.

    However, to answer your question, you can be terminated while on disability leave if you have no type of job protection under FMLA or ADA....Disability income is just income you get while on leave but does not protect your job (FMLA does that).
    Also, I might mention that even under FMLA you can be terminated if you would also have been terminated had you not applied for/been on FMLA (such as your job is eliminated while on FMLA & it would also have been eliminated if you had not been on FMLA).
     
  5. cbg

    cbg Super Moderator

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    You can also be terminated if you exceed your FMLA.
     
  6. Betty3

    Betty3 Super Moderator

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    Agree unless some additional time off under the ADA would be a reasonable accommodation.
     

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