Can I get fired while on Long Term Disability?
Your employer can’t discharge, fine, suspend, expel, discipline, discriminate against, or otherwise harass you for applying for Long Term Disability benefits. This is known as employer retaliation, and it is illegal.
If you experience this kind of treatment from your employer after applying for Long Term Disability benefits, contact the attorneys at Fields Law. We can help protect your rights and make sure you are treated fairly.
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Long Term Disability policies do not offer any job protection, however there may be some legal protections and safeguards that would prevent your employer from terminating you while you are out on disability.
Family and Medical Leave Act (FMLA)
The first right you have would be under the Family and Medical Leave Act (FMLA). The FMLA is a federal law that provides employees with up to twelve weeks of leave time per year. FMLA may be used for your own medical conditions or to care for members of your immediate family.
To qualify for FMLA, you must meet three criteria. First, you must work for an employer that employs at least 50 employees, all of which are located within 75 miles of each other. Second, you have worked for the employer for at least one year. Third, you must have worked at least 1,250 hours for the employer in the prior year.
As long as you are on FMLA, your employer may not terminate you. Upon returning to work, your employer must allow you to work in your old position or a position that is similar.
Americans with Disabilities Act (ADA)
The second right you have would be under the Americans with Disabilities Act (ADA). The ADA protects individuals from being terminated from their job due to a disability. Moreover, the ADA also provides that employers must offer to make reasonable accommodations for you and your disability as long as it will not cause them undue hardship.
Workers’ Compensation Disability Benefits
Another possibility for receiving wage loss and medical benefits could include Workers’ Compensation disability benefits if your injury or disability occurred at work or because of your occupation.
Workers’ Compensation law in some states includes language which addresses wrongful termination, often referred to as the retaliation statute, and specifically states that an employer cannot fire (or even threaten to fire) an employee for seeking Workers’ Compensation benefits.
The options you have available for disability benefits and job security can be complicated and confusing. We can help you understand the pros and cons of each scenario, and help you decide which is best for you and your family.
If you have any questions, please contact our disability and injury attorneys to discuss the best options for maximizing your benefits and safeguarding your job while you are unable to work.
