If you are suffering from a disability or recovering from an accident, you’ll most likely need to take leave from work. However, this time away from your job can cause a lot of stress and anxiety. Instead of focusing on recuperating, you may worry about losing your job. Workers have some legal protections from the federal government, while others come from the states. Before you start disability leave, you should check to see what laws apply in your specific state. While most employees in the United States are considered at-will, or eligible to be fired at any time for any reason, there are some cases where it is illegal to terminate an employee.
What Is the Federal Family and Medical Leave Act?
The federal Family and Medical Leave Act (FMLA) allows eligible employees to take up to twelve weeks of unpaid leave in a 12-month period for either a family or medical reason. Your job is protected while on FMLA. However, you need to be sure your job is covered by FMLA. To qualify for federal leave, your employer must have at least 50 workers within 75 miles of each other, and you must have worked at least one year and 1,250 hours for your current employer the year before your leave starts.
When you return from FMLA leave, you have to receive either your exact job or a virtually identical job to the one you had before you left. Similar positions must provide returning employees with the same pay, benefits, and other employment conditions, such as the same shift. The only exception to this rule is when a company must undergo mass layoffs.
If you used FMLA benefits but no longer possess the same abilities you had before, you can request your employer provide you with reasonable accommodations to help you get back to work. They must make an effort to provide the accommodation before firing you, as long as it would not result in an undue hardship to your employer, and it would allow you to continue performing the essential functions of your job.
What is NY’s Disability and Paid Family Leave Benefits Law?
In New York, employees unable to work due to a medical condition or injury can receive disability benefits. This program provides a weekly cash benefit equal to half of their average weekly wage, not exceeding $170 per week, for up to 26 weeks during any 52-week period. While receiving benefits through New York Disability and Paid Family Leave, you must also obtain medical care from a doctor or other medical professional. This legislation also entitles employees to job reinstatement protections. Employees returning to work from disability must be allowed back into their previous position or be provided with a new position with comparable duties, benefits, pay, and other employment conditions.
Can You Be Fired While On Short-Term or Long-Term Disability?
Many people wonder if their private short- or long-term disability policies will protect their jobs while they are out on leave, but, sadly that is not the case. These policies offer little to no job protection, so your employer can fire you even if you are receiving disability benefits this way. If you are fired and have concerns about continued health insurance, federal law gives you the option to maintain your existing health insurance coverage for a limited period of time, as long as you pay the full cost of coverage. This availability is called COBRA insurance, but it only applies to employers with 20 or more employees.
Can I Collect Unemployment If Terminated While On Disability?
If you were fired from your job while on disability leave, you may be able to collect unemployment benefits. However, you won’t be eligible for these benefits unless you are actively seeking employment and can start working if you are hired.
SSDI and Employment
It’s important to clarify that if you are eligible for SSDI benefits, your disability is considered so severe that it leaves you unable to work either in the long term or permanently. The Social Security Administration (SSA) will review your claim to ensure you are truly incapable of performing any type of job. If the SSA finds that you can work, even if this means performing different duties from the job you worked before, it will not approve your SSDI claim. Therefore, if you are on SSDI, you are completely unable to work, meaning you can’t be fired.
When to Speak with a Lawyer
If you were let go from your job while on federal- or state-protected leave, you may have a claim for wrongful termination. You should contact an experienced attorney to see what your options are. Please note that if you extend your federal FMLA or state disability protections over the designated time periods, even by one day, your employer can provide you with an entirely different job that is not similar to the one you had or fire you outright.