Finding yourself on long-term disability can be incredibly stressful, and the possibility of losing your job during this time only adds to the uncertainty. If you’ve been injured or are dealing with a serious illness, you may wonder how secure your job is while receiving long-term disability benefits.
The answer is not as straightforward as you might hope. Yes, you can be legally terminated while on long-term disability, but it heavily depends on federal and state laws, as well as your specific employment and insurance policies.
Understanding how these laws and policies apply to your situation can help you protect your rights. In this article, we will break everything down into simple terms and address the most common concerns around termination and disability benefits.
What Protects You from Being Terminated?
Family and Medical Leave Act (FMLA)
The FMLA aims to help employees balance work and personal needs. It allows eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period. Here’s what that means and what it doesn’t:
- Job Protection: During these 12 weeks, your employer cannot legally terminate you.
- Key Limitation: Once those 12 weeks are up, the FMLA no longer protects your job, and your employer can dismiss you.
To qualify for FMLA leave, you must meet certain criteria:
- You worked for your employer for a minimum of 1,250 hours in the past 12 months.
- Your employer has 50 or more employees within a 75-mile radius.
- The leave must be for specific reasons, including your own serious health condition.
If you believe your employer violated the FMLA and terminated you unlawfully, you may be able to pursue legal action to seek reinstatement or compensation.
Americans with Disabilities Act (ADA)
The ADA offers protection for employees with disabilities. This federal law requires employers with at least 15 employees to provide reasonable accommodations for workers with disabilities, as long as doing so doesn’t cause undue hardship to the business.
Reasonable accommodations can include:
- Installing workplace adjustments (e.g., ramps, modified equipment).
- Offering flexible schedules.
- Altering job responsibilities to accommodate your condition.
Your employer may only legally terminate your employment under the ADA if:
- No reasonable accommodation would enable you to perform your essential job duties.
- You’re still unable to fulfill your role properly despite accommodations.
If your employer fires you without reasonably accommodating your needs, you might have grounds for a wrongful termination claim.
State Employment Laws
Certain state laws provide broader protections than the FMLA or ADA. For instance:
- California grants employees up to 30 days of paid sick leave annually and may offer greater job protections than federal laws.
- Florida ensures employees returning to work before their leave ends can return to an equivalent role in terms of pay and benefits.
Since these laws vary, contact your state’s Department of Labor for guidance on local protections.
Long-Term Disability and Job Security
When you’re on long-term disability, your employer provides benefits intended to replace a portion of your income while you’re out of work due to a serious health condition. However, receiving benefits does not guarantee job protection.
How Employers Handle LTD
Some employers offer long-term disability benefits through their insurance providers, while others self-insure. If your benefits are provided by an insurer, losing your job won’t necessarily affect your disability payments. However, if your employer funds the benefits directly, those payments may stop after termination.
Termination Possibility
Employers reserve the right to terminate employees who have been away from the workplace for extended periods, particularly if you’ve exhausted FMLA protections and the ADA isn’t applicable.
Proper communication with your employer and understanding your company’s LTD policy are critical to navigating this situation.
Can I be fired while on long-term disability?
Yes, your employer can terminate your employment under certain conditions, such as when FMLA protections expire and reasonable ADA accommodations fail to help you perform your job. However, termination must not violate federal or state laws.
Will I lose my disability benefits if I am terminated?
If your benefits come from an insurance provider, your employment status typically has no impact on your payments. However, employer-funded benefits might stop after termination. Review your LTD policy to understand how it applies to you.
Can I collect unemployment benefits if I’m fired on long-term disability?
It depends. Generally, unemployment benefits are for individuals who can work and are actively seeking employment. If your disability prevents you from working, you may not qualify. Check your state’s unemployment guidelines to find out if exceptions apply.
What happens to my health insurance if I’m terminated while on LTD?
Employer-sponsored health insurance often ends at the close of the month you’re terminated. However, you can usually continue your coverage through COBRA or explore discounted health insurance options through marketplaces like Healthcare.gov.
How long can I stay on long-term disability before termination?
This depends on employment contracts and company policies. Once the FMLA protection expires after 12 weeks, there’s no federal limit on how long an employer must hold your position. Still, companies may choose to terminate your employment if they determine you can no longer fulfill your role.
What should I do if I believe I was wrongfully terminated?
Contact a qualified employment lawyer if your termination violated the FMLA, ADA, or state laws. An attorney can help you determine whether you have a case and what compensation options are available.
Final Thoughts
If you’re on long-term disability, understanding the intersection of federal laws, state regulations, and employer policies is key to protecting your rights. Remember that while receiving disability benefits offers some financial support, it doesn’t always shield you from termination. Always consult legal or professional advice when dealing with complex employment issues to ensure you’re fully informed and prepared.
If you believe you’ve been wrongfully terminated, speaking with an experienced attorney specializing in disability and workplace rights is your best course of action. Taking these steps can help ensure a smooth path forward during an already challenging time.
VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney
Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.
Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.
About The Author
Meet writer Rei Bayucca, a graduate of Saint Louis University with a passion for writing about legal topics. Explore insightful articles tailored to solve your most pressing issues. Rei’s expertly crafted content is thoroughly researched and fact checked.