Disability Termination

[Nicci0913]

What is the name of your state? PA

Hello, I am asking this question in regards to my father. He has over 20 years of service in and last year had a massive heart attack as well as having other medical conditions. He went through the FMLA with his employer which lead to going on disability through his work. He has done everything that he has been asked to do (ie paperwork, phone calls, doc reports etc) and has had no problems until this point. Periodically his employer has forms his differnt docs need to fill out to update his status. One of the questions is date of return...and his family dr has answered this question the same way everytime this form is filled out "undetermined at this point". After his last submintance of this form he recieved a termination letter stating his termination was due to not providing a clear return to work date. Is this legal for them to do?

 

[Beth3]

Yes. Once your father exhausted the 12 weeks of FMLA leave he was entitled to, his employer wasn't obligated to extend any further leave. It sounds like his employer extended additional leave time to him and would have reinstated him to work if a date when he would be able to return could have been established. Unfortunately, that was not the case. I am sorry for your dad's situation but the employer hasn't done anything unlawful; actually it appears they did more than the law requires them to do.

Despite what many people believe, it is not unlawful to terminate someone who is receiving disability income benefits.

 

[Nicci0913]

Thanks Beth

Thanks Beth for responding. I guess I was under the impression that he was protected from this happening because he was on disability. My dad loves his job and certainly would love to be able to return, but thats just not an option for him right now. That was definatly not the answer I was hoping to get...Im not sure what he is going to do now..he lives alone and already with his insurance his meds are over $300 a month, not to mention household bills and mortgage. Do you believe he would qualify for unemployment? Or do you think SSI is a better way to go? He is only 49 if that makes any difference.

 

[cbg]

For some reason, a great many people believe what you do; that as long as a person is receiving disability benefits they are protected from termination. That is not even remotely true, but comes from a misinterpretation of the Americans with Disablilities Act and, to a certain extent, the Family Medical Leave Act.

The ADA says that an individual who has a disability as defined in the statute (which represents only a very small fraction of those who qualify for STD benefits and only represents a slightly larger fraction of those who qualify for LTD benefits) cannot be discharged BECAUSE OF THE FACT THAT THEY HAVE THAT DISABILITY. FMLA prohibits firing someone BECAUSE they applied for protected medical leave.

But barring a bona fide contract or binding policy that says otherwise, unless there is a state law granting additional time (which PA does not have) the maximum length of time the law requires an employer to hold a job is 12 weeks. After that time, the employer is considered to have made a reasonable effort to protect the employee's job and is entitled to fire that person and hire someone who is able to come to work. The law has to balance the rights of the employee to have their job protected while they are ill, with the right of the employer to get the work done.

There are no circumstances where simply collecting disability benefits is guaranteed job protection.

 

[Nicci0913]

Scary

While that may be law its definatly a scary one. Still doesnt seem to make sence to me..whats the point of LTD if it offers you no protection from losing your career? Or even STD for that point. STD runs 6 months. If FMLA is your only protection and that only lasts 12 mo then theres no point to investing into STD or LTD. Its just very sad to me that he was been a top employee for this company for 24 years and something that is so completly out of his control has cost him an income. But thank you both for your knowledge. Also any advice on my question of unemployment or SSI?

 

[cbg]

In the very large majority of case, the disability benefits will continue regardless of the employment status. Even if you are terminated, you can still continue to collect benefits from the disability plan.

Whenever there is a question of competing rights, SOMEONE is going to be unhappy with the solution.

 

[Beth3]

While that may be law its definatly a scary one. Still doesnt seem to make sence to me..whats the point of LTD if it offers you no protection from losing your career? Or even STD for that point. STD runs 6 months. If FMLA is your only protection and that only lasts 12 mo then theres no point to investing into STD or LTD. Its just very sad to me that he was been a top employee for this company for 24 years and something that is so completly out of his control has cost him an income. But thank you both for your knowledge. Also any advice on my question of unemployment or SSI?

Nicci, LTD is an insurance benefit. It assures that if someone is disabled from working, he or she still receives some income. LTD has nothing whatsoever to do with whether an employee qualifies for medical leave time and if so, how much. The Family and Medical Leave Act (FMLA) is what dictates how much leave time must be provided to an employee, which is 12 weeks (not 12 months.)

What your dad needs to do is speak to his employer and discuss the possibility of being rehired at such time as he is released to return to work by his doctor.

Your dad does not qualify for unemployment benefits because claimants must, at a minimum, be physically capable and available for work. Whether your dad qualifies for SSDI is something no one here can tell you. Your dad (or a family member) can contact your local SSA office and discuss that with them and what the requirements are.