Can You Be Fired From a Job While on Leave With Disability?

Taking a leave from work due to a disability can be a stressful experience. Many employees worry about job security during this time. One common question that arises is: Can you be fired from a job while on leave with a disability? The answer, while complex, is unfortunately yes. However, there are legal protections and nuances to be aware of that may impact this outcome.

Understanding Disability Leave

Disability leave typically falls into two categories: short-term and long-term. Short-term disability leave covers employees who are temporarily unable to work due to a medical condition, while long-term disability leave is for those with more prolonged or permanent conditions. During this time, employees may receive disability insurance benefits to cover a portion of their income.

Legal Protections: The Family and Medical Leave Act (FMLA)

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to take up to 12 weeks of unpaid leave for certain medical conditions, including serious health issues that qualify as disabilities. During this leave, your job is generally protected, meaning your employer is required to reinstate you to your original position or an equivalent one when you return.

However, FMLA protections are not absolute. Employers are not required to hold your job indefinitely if you are unable to return to work after your FMLA leave has expired. Additionally, if your employer can prove that your position would have been eliminated or you would have been terminated for reasons unrelated to your disability leave, they may still legally terminate your employment.

The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) provides additional protections. Under the ADA, employers must provide reasonable accommodations to employees with disabilities, which may include granting leave. If an employee is terminated while on disability leave, and it can be proven that the termination was due to the disability or the employer’s failure to accommodate it, the employer could be in violation of the ADA.

However, similar to the FMLA, the ADA does not provide absolute job protection. Employers are still allowed to terminate employees for reasons unrelated to the disability, such as poor performance or company restructuring.

Short-Term and Long-Term Disability Insurance: What It Covers

Short-term and long-term disability insurance can provide financial support while you’re unable to work, but these benefits do not guarantee job protection. While receiving disability benefits, your employer may still terminate your employment if they have legitimate, non-discriminatory reasons for doing so.

Reasons You Can Be Terminated While on Disability Leave

1. Company Layoffs or Restructuring: If your company is undergoing layoffs or restructuring, your job may be at risk regardless of your disability status.
2. Performance Issues: If there were documented performance issues before your leave, your employer could legally terminate your employment during your leave.
3. Expiration of Leave Entitlements: If you’ve exhausted your FMLA leave or other protected leave entitlements, and cannot return to work, your employer may have grounds to terminate your employment.
4. Failure to Comply with Company Policies: If you violate company policies while on leave, such as not providing necessary medical documentation, your employer may have a valid reason for termination.

What to Do if You’re Fired While on Disability Leave

If you believe you’ve been wrongfully terminated while on disability leave, it’s important to take action:

1. Review Your Situation: Document the circumstances leading to your termination, including any communications with your employer.
2. Consult an Employment Attorney: An attorney specializing in employment law can help determine whether your termination violated any legal protections under the FMLA, ADA, or other relevant laws.
3. File a Complaint: You may file a complaint with the Equal Employment Opportunity Commission (EEOC) if you believe your rights under the ADA have been violated.

Guidance

While it’s possible to be fired while on disability leave, understanding your legal rights can help you navigate this challenging situation. Both the FMLA and ADA provide valuable protections, but they are not foolproof. If you’re facing termination while on disability leave, it’s crucial to consult with an attorney to explore your options and protect your rights.

Navigating the complexities of employment law can be daunting, but being informed can make a significant difference in safeguarding your job and future.

This article aims to provide a clear understanding of the potential risks and protections associated with being on disability leave. If you find yourself in this situation, knowing your rights is important. 

Have your civil rights been violated? Contact the Civil Rights Law Firm of Figeroux & Associates today! We will fight for you. Call us at 855-768-8845 or visit www.askthelawyer.us to book a consultation. The lawyer you hire does make a difference!