Terminated while on STD (Medical Reaseon)

[CPOST]

What is the name of your state?ALABAMA
Is it legal to be terminated from your job while you are out on an approved STD due to having a medical condition requiring Surgical Procedure with a minimum recovery time of 4-6 weeks.
I was employed with a corporate office in the State of Alabama. I got a pre-approval from my employer for a surgical procedure that was needed.
I received a phone call last week informing me that I was being terminated. I have not been released from my doctor yet to return to work, and they gave my position to a former employee that was supposed to be taking over during my absence.
It is an At-Will company, But are they allowed to do this considering I have not yet been released from my doctor. My follow-up visit was still a week away. I still have 3 weeks left on disability.
Would this fit in with the ADA act?
Please help......

 

[Beth3]

Is it legal to be terminated from your job while you are out on an approved STD due to having a medical condition requiring Surgical Procedure with a minimum recovery time of 4-6 weeks. Short Term Disability is simply an income replacement insurance benefit. It does not require that your employer provide you with any leave time.

Would this fit in with the ADA act? No. Temporary medical conditions do not qualifies as disabilities under the ADA.

The key issue is whether your leave time fell under the FMLA. If you don't know, please post back and answer the following questions:

1. How long have you worked for this company?
2. Over the 12 months prior to your beginning leave, did you work at least 1,250 hours?
3. How many individuals are employed at the site at which you work and within a 75-mile radius?