• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Disability firing?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

psytce

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

I was working with a disability that my employer knew about. I missed time at work because of this disability and was eventually fired. I was wondering if they were suppose to let me go out on my short & long term disability before they fired me?

Thanks
 


ecmst12

Senior Member
If you qualified for FMLA, they were required to allow you up to 12 weeks off in a 12 month period. If you exceeded that amount, you could legally be fired. If you did NOT qualify for FMLA or any state-level equivalent, then you had no legal right to job protection for missed time at all.
 

psytce

Junior Member
OK Thanks .... I had thought they were suppose to let me go on disability first since I was getting advice from the EAP office......

Thanks Again......
 

cbg

I'm a Northern Girl
"disability benefits" are not leave. They are how you get paid while you are on leave.

Outside of FMLA, the law does not require your employer to provide you with any medical leave, paid or unpaid, regardless of whether they knew about your medical condition or not.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top