Can You Get Fired on Short Term Disability?

When you’re dealing with a serious medical condition, taking short term disability leave can provide much-needed time to recover while receiving a portion of your income.  However, many employees worry about the impact that taking disability leave could have on their job security.  One of the most pressing questions people ask is whether their employer can fire them while they’re on short term disability.

The answer is complex and depends on the circumstances, including the reasons for termination and the legal protections in place.  In this article, we’ll explore what you need to know about being fired on short term disability, your legal rights, and the steps you can take to protect yourself and your benefits.

Can My Employer Fire Me While I Am on Short Term Disability?

Unfortunately your employer can fire you while you are on short term disability, but it depends on the reason for the termination.  Short term disability leave itself does not guarantee job protection.  If your employer decides to implement company-wide layoffs, eliminate your position, or terminate you for performance issues that predated your leave, they can do so, even while you are on short term disability.  The key factor is that the termination must be for reasons unrelated to your medical condition or your use of short term disability benefits.

However, if your employer fires you simply because you are on short term disability leave or because of your medical condition, this could potentially be unlawful.  There are laws that protect employees from being discriminated against due to a medical condition, though the scope of these protections varies.  Ultimately, whether or not the termination was legal would depend on the specific circumstances surrounding the decision to fire you.

What Protections Do I Have from Being Fired While on Short Term Disability?

When you are on short term disability, you do have some legal protections, but they depend on various factors, such as your eligibility for certain laws and the policies of your employer.  Here are the key protections you may have:

• Family and Medical Leave Act (“FMLA”): If you qualify for FMLA, you are entitled to up to 12 weeks of unpaid, job-protected leave.  This means your employer cannot fire you during this time, provided you are eligible and the company is covered by FMLA.  However, once the FMLA period ends, your job protection ends as well.

• Americans with Disabilities Act (“ADA”): If your condition qualifies as a disability under the ADA, your employer is required to provide reasonable accommodations to help you perform your job.  Under certain circumstances, medical leave can qualify as a reasonable accommodation under the ADA. The ADA also protects you from being fired solely because of your disability.  However, you can still be fired for reasons unrelated to your disability, such as company restructuring or poor performance unrelated to your medical condition.

• Company Policies: Some companies have specific policies that offer additional protections beyond what federal or state law requires.  Check your employer’s handbook or speak to your HR department to understand what protections your company may offer during short term disability leave.

• State Laws: Some states have their own laws that provide greater protections than federal laws.  For example, certain states require job protection for employees taking short term disability leave, even if they are not covered by FMLA or ADA.

If you believe your rights have been violated or that you were fired for taking short term disability leave, you may want to consult with an attorney who specializes in employment law.

How Does the Family and Medical Leave Act (“FMLA”) Protect Me From Being Fired on Short Term Disability?

The Family and Medical Leave Act (“FMLA”) provides important job protections for eligible employees who need to take time off for a serious health condition, which may include a condition covered by short term disability.  Under the FMLA, you are entitled to take up to 12 weeks of unpaid, job-protected leave in a 12-month period.  During this time, your employer is required to hold your position or provide an equivalent role when you are ready to return to work.  This means that while you are on FMLA leave, your employer cannot fire you simply because you are on leave or because of your medical condition.

However, FMLA does not provide absolute protection from termination.  Your employer can still fire you for reasons unrelated to your medical leave, such as poor performance, misconduct, or company layoffs.  As long as the reason for termination is not connected to your need for FMLA leave, your employer may still proceed with firing you.  The key is that your employer must have a legitimate, nondiscriminatory reason for the termination that is unrelated to your FMLA leave.

How Does Being Fired Impact My Short Term Disability Benefits?

Being fired does not automatically stop your short term disability benefits, but it can impact your eligibility depending on the terms of your policy and the reason for the termination.  Most short term disability policies continue to provide benefits as long as you remain medically eligible, regardless of your employment status at the time.

You will generally continue to receive short term disability benefits as long as you meet the medical criteria for your condition, even if you are no longer employed.  The benefits are tied to your disability, not your job status.  However, if you are offered a severance package, make sure to understand how it might affect your short term disability benefits.  Some severance agreements include provisions that could alter your benefits or coverage.  Should you be fired while receiving short term disability benefits, always check your policy terms and speak with an experienced disability insurance attorney to clarify your rights.

Can I Still File for Long Term Disability If I Am Fired While on Short Term Disability?

Yes, you can still file for long term disability if you are fired while on short term disability, as long as you meet the criteria for your long term disability coverage.  Your eligibility for long term disability benefits typically depends on your medical condition and the terms of your policy, not your employment status at the time of filing.

However, there are important factors to consider:

• Policy Coverage at Time of Disability: To qualify for long term disability benefits, you usually must have been covered under the policy when your disability began.  If you were covered when your short term disability started and the condition continues, you may still be eligible for long term disability, even after termination.

• Continuous Disability: You will need to demonstrate that your disability has persisted without interruption from your short term disability to long term disability.  Insurance companies often require continuous medical documentation to confirm that you remain unable to work due to your condition.

• Filing Deadlines: Be aware of any deadlines for transitioning from short term to long term disability.  Filing late, even if you’re eligible, could result in a denial of benefits, so it’s important to adhere to your policy’s requirements.

Although termination does not automatically disqualify you from long term disability benefits, your success will depend on continuous coverage, timely filing, and meeting your policy’s conditions.  Be sure to review your policy and consult with a disability attorney who can help you navigate the process successfully.

Can My Employer Fire Me After My Short Term Disability Leave Ends?

Yes, your employer can fire you after your short term disability leave ends, but there are limitations on how and why they can do so.  Once your short term disability leave is over, your job is not necessarily protected unless you are covered by additional protections, such as the Family and Medical Leave Act (“FMLA”) or the Americans with Disabilities Act (“ADA”).  However, even without those protections, your employer must follow certain rules regarding termination.

Here are some important points to consider:

• Performance or Business Reasons: Your employer can legally terminate your employment after your short term disability leave if the decision is based on performance issues, business restructuring, or other reasons unrelated to your medical condition or leave.  As long as the termination is not discriminatory or retaliatory, it is generally permissible.

• Reasonable Accommodations: If your medical condition qualifies as a disability under the ADA, your employer is required to provide reasonable accommodations to help you perform your job.  If they fail to do so and instead terminate your employment because of your condition, that could be a violation of your rights.

• Position Elimination: If your job was legitimately eliminated while you were on leave, such as during company-wide layoffs or restructuring, your employer may have the right to terminate you.  The key is that the termination must be unrelated to your short term disability leave.

• Discriminatory Firing: If your employer fires you because of your medical condition or because you took short term disability leave, that could be considered discrimination.  If you suspect this is the case, you may have legal recourse and should consult an employment attorney.

What Are My Legal Options If I Am Fired While on Short Term Disability?

If you are fired while on short term disability, you may have several legal options depending on the circumstances of your termination.  Your legal options will largely depend on whether the termination was lawful or if it violated protections under federal or state laws.

Here are some key avenues to explore:

• Employment Discrimination Claims: If you believe you were fired because of your disability or because you took short term disability leave, you may have grounds for a wrongful termination or discrimination claim.  The Americans with Disabilities Act (“ADA”) prohibits discrimination against employees with disabilities, and if your employer failed to provide reasonable accommodations or fired you due to your disability, you may be able to file a claim with the Equal Employment Opportunity Commission (“EEOC”).

• Retaliation Claims: If your employer fired you in retaliation for taking short term disability leave or exercising your rights under the Family and Medical Leave Act (“FMLA”), you may be able to pursue a retaliation claim.  Under FMLA, your employer cannot retaliate against you for taking protected leave, and you may be entitled to reinstatement or other damages if your rights were violated.

• Wrongful Termination Lawsuits: In some cases, you may be able to file a wrongful termination lawsuit against your employer if they fired you for an unlawful reason, such as discrimination, retaliation, or violation of public policy.  A wrongful termination claim can help you recover lost wages, compensation for emotional distress, and possibly punitive damages.

• Severance Negotiation: If you were offered a severance package as part of your termination, you may be able to negotiate better terms, especially if you believe the termination was unjust.  An employment attorney can help review the severance agreement and negotiate on your behalf.  Additionally, an attorney who specializes in disability insurance claims can review the severance agreement to ensure it protects your current or future disability claim.

• State-Specific Protections: Some states have their own disability and leave laws that provide greater protections than federal law.  Depending on your state, you may have additional legal options to pursue if your termination was unlawful.

Consulting with both a disability insurance attorney and an employment attorney is often the best course of action if you are fired while on short term disability.  They can help assess your case, explain your rights, and guide you through the appropriate legal processes.

How Should I Respond to a Termination While on Short Term Disability?

If you are terminated while on short term disability, it’s crucial to involve an attorney who is experienced in both short and long term disability claims as early as possible.  The guidance of a skilled attorney will help ensure that your rights are protected and you are well-positioned to navigate the next steps effectively.

Here’s how you should approach the situation:

• Stay Calm and Gather Information: Take a moment to process the news, and then calmly request clarification on the reasons for your termination.  Ask for the reasons to be provided in writing, as this documentation will be important for any potential legal action.

• Consult With a Short and Long Term Disability Attorney: Before reviewing your employment documents or contacting any agency, consult with an attorney who specializes in disability claims.  They can review the terms of your policy and evaluate how your termination may impact your benefits.

• Consult With an Employment Attorney: It’s often wise to consult with an employment attorney after a termination during short term disability.  An employment attorney can review your situation, explain your rights under federal and state laws, and help you determine if the termination was lawful or if you have grounds for a claim, such as wrongful termination or discrimination.

• Consider Filing a Claim with the EEOC or State Agency: If your employment attorney believes that your termination was due to discrimination, retaliation, or a violation of the ADA, they may advise you to file a claim with the Equal Employment Opportunity Commission (“EEOC”) or your state’s equivalent agency.  Be aware of strict filing deadlines, which your attorney can help you manage.

• Check Your Eligibility for Unemployment Benefits: Your disability insurance and employment attorneys can also help you determine whether you qualify for unemployment benefits following your termination.  While some states may disqualify you if you are receiving short term disability benefits, your legal team can help you understand your options based on the specifics of your situation.

• Maintain Medical Documentation: Continue keeping detailed medical records related to your disability.  These records will be essential if you need to transition to long term disability benefits or pursue legal action regarding your termination.  Your disability insurance attorney will help ensure that all necessary documentation is in place for your claim.

By seeking the advice of a knowledgeable disability insurance attorney, you can respond to your termination in a way that protects your rights, positions you for any necessary legal actions, and preserves your disability benefits during this challenging time.

How Can The Maddox Firm Protect My Short or Long Term Disability Claim?

Protecting a short or long term disability claim requires a strategic approach, especially if you’ve been terminated while on disability leave.  The Maddox Firm is equipped to handle the complexities of your claim, ensuring your benefits are protected and your rights are upheld, even in the face of termination.

Here’s how The Maddox Firm can help:

• We Examine Your Policy and Assess Your Claim: We carefully review your disability insurance policy, including any provisions related to termination while on short term disability.  This allows us to assess your situation, ensuring that your benefits are protected despite the employment termination.

• We Handle All Communications with Your Insurance Company: Navigating a termination during short term disability can complicate your interactions with your insurance company.  We manage all communications to ensure that your benefits remain intact and your claim is supported by clear, consistent information.

• We Help You Obtain Evidence to Support Your Claim: Proving a disability claim requires strong evidence, especially if termination raises questions about your eligibility.  We work closely with you, your employment attorney, and your healthcare providers to gather medical documentation, employment records, and other critical evidence to strengthen your claim and rebut any challenges related to your termination.

• We Handle Appeals and Litigation: If your claim is denied or your insurer disputes the impact of your termination on your benefits, we are prepared to pursue appeals and, if necessary, litigation.  We fight to ensure that your insurance company upholds its obligations under the law and your policy.

A short term disability or long term disability claim can be a complicated process.  If you need help during the claims process, with appealing a claim denial, or with litigating a final adverse short term or long term disability decision, The Maddox Firm can help.  The experienced team at The Maddox Firm will examine your insurance policy, correspondence from your insurance company, medical records, and any other relevant documentation in order to give you personalized guidance on how we can help you win your short and/or long term disability claim.  Our New Jersey and New York long term disability attorneys help clients nationwide.

Contact us to help you file your claim, appeal, or litigation the right way.