Is it legal to terminate someone from their job when they are on an approved medical leave and receiving short term disability. I was told I was terminated because my doctor could not give a definite return to work date. My short term disability goes for 13 weeks. They terminated me after only 5 weeks. Do I have a reason to get a lawyer/ Is it worth it?
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Terminated while on Short Term Disability
- Thread Starter ryansz
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cbg
Super Moderator
I believe I answered this question on another forum but since you have provided information here that was not in the other post I'll do so again.
As I indicated on the other board, terming while on STD is not, per se, illegal. Disability benefits provide NO job protection whatsoever. What provides job protection is FMLA, which may or may not be running concurrently with the disability benefits.
On the other board you gave no indication of how long you had been out. Five weeks is not long enough for FMLA to have expired, IF FMLA APPLIES and IF THERE HAS BEEN NO PREVIOUS FMLA WITHIN THE LAST 12 MONTHS. However, that does not necessarily make the termination illegal. We need to determine first, if FMLA even applies, and second, whether or not you had used FMLA previously.
If you can answer the following questions, we can take the next step:
1.) How long have you worked for this employer?
2.) How many employees does the employer have within 75 miles of your location? (If exact number is unknown, state over or under 50.)
3.) In the 12 months immediately preceding your leave, had you worked a minimum of 1,250 hours?
4.) In the 12 months immediately preceding your leave, how much, if any, other time had you missed for medical reasons?
5.) What state are you in? (Some states have extended benefits.)
As I indicated on the other board, terming while on STD is not, per se, illegal. Disability benefits provide NO job protection whatsoever. What provides job protection is FMLA, which may or may not be running concurrently with the disability benefits.
On the other board you gave no indication of how long you had been out. Five weeks is not long enough for FMLA to have expired, IF FMLA APPLIES and IF THERE HAS BEEN NO PREVIOUS FMLA WITHIN THE LAST 12 MONTHS. However, that does not necessarily make the termination illegal. We need to determine first, if FMLA even applies, and second, whether or not you had used FMLA previously.
If you can answer the following questions, we can take the next step:
1.) How long have you worked for this employer?
2.) How many employees does the employer have within 75 miles of your location? (If exact number is unknown, state over or under 50.)
3.) In the 12 months immediately preceding your leave, had you worked a minimum of 1,250 hours?
4.) In the 12 months immediately preceding your leave, how much, if any, other time had you missed for medical reasons?
5.) What state are you in? (Some states have extended benefits.)
cbg
Super Moderator
You're right; FMLA does not apply.
While a SHORT leave can be considered a reasonable accomodation, the ADA does not require an employer to allow you unlimited or open ended leave. The purpose of the ADA is not to give you special privileges but to level the playing field; not to give you extra time off work but to keep you working.
Have you identified yourself to the employer as needing an accomodation under the ADA? How long a leave does your doctor anticipate? Will that leave allow you to return to work and perform the essential functions of your position?
While a SHORT leave can be considered a reasonable accomodation, the ADA does not require an employer to allow you unlimited or open ended leave. The purpose of the ADA is not to give you special privileges but to level the playing field; not to give you extra time off work but to keep you working.
Have you identified yourself to the employer as needing an accomodation under the ADA? How long a leave does your doctor anticipate? Will that leave allow you to return to work and perform the essential functions of your position?
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