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  1. #1
    Join Date
    Jul 2008

    Job Termination while on Short Term Disability

    What is the name of your state (only U.S. law)? Texas

    Is it possible for my company terminate me while on short term disability. They are in the processing of reducing staff and my position has been selected for dissolution thereby terminating my position. Can they do this now or must they wait until the completion of my STD period?


  2. #2
    Join Date
    Aug 2006
    There are state laws that regulate the time a company needs to hold your position available while you are on disability/sick leave. In California for example it is 12 weeks. After that time they can terminate you even if you continue to be disabled.

    Now if your position was altogether eliminated and there was no position to return to at any time that may be different (if the time is shorter than the state allowance for disability leave).

    A company cannot terminate you because of your disability but they can terminate your position or hire a new person to fill your position if your leave extends past the time allowed by the state.

    You should look at the documents that you received from your employer when you were hired as it should have the answer in there for you.

    By the way you will still receive your STD and your LTD should you qualify. You will have to pay the Cobra premiums for your health care but, and this would be in your plan docs, the company will/should/might reimburse you for those premiums should you go on LTD. Again, check your plan documents.

    I was terminated while on STD because I was out longer than the 12 weeks and because my position was eliminated. I know how stressful it is, believe me and it doesn't feel right but an employer only has to follow the state guidelines so that is where you have to look.

    Best of luck.

  3. #3
    Join Date
    Nov 2001
    There is a Federal law, FMLA, that grants qualifying employees up to 12 weeks of medical leave for a serious health condition. A VERY few states have their own laws extending that. Texas is not one of them (neither is California, except for pregnancy). There is NO state that grants unconditional medical leave to employees who do not qualify for FMLA.

    It is FMLA that provides job protection. In NO state( not even California) does collecting disability benefits grant job protection unless FMLA is also involved.

    The poster above clearly does not fully understand the laws she is citing. Not all or even most medical conditions qualify as a "disability" that is protected under the law. ONLY permanent or long term conditions provide any kind of job protection. Temporary conditions are NOT protected under the law.

    Last edited by cbg; 07-13-2008 at 03:26 PM.
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