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Termination During Short Term Disability

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Jkfregia

Junior Member
What is the name of your state?Texas
The company I was employed by recently "down-sized" while I was on Short Term Disability. For the most recent pay period I received two checks:a STD check with all the usual deductions and a severance check with only taxes deducted. Can an employee be terminated while out on Short Term Disability ? I have cancer and have been undergoing treatment to shrink the tumor prior to it's removal. My surgery date is two weeks away and, since I have not received COBRA information thus far, I am concerned I will lose my health benefits in the middle of my treatment. Short Term Disability insurance is provided by my employer at no cost to me. The only notification I received of my termination was the severance check.
 


cbg

I'm a Northern Girl
Despite a common belief to the contrary, no laws prohibit an employer from terming an employee who is on medical disability leave. While the law does not permit an employer to select an employee for layoff, downsizing, or other termination BECAUSE THEY ARE DISABLED (and not everyone on disability leave, particularly short term disability leave, will meet the definition of disabled according to this law) if your job would have been eliminated regardless, you are not protected from elimination just because you happened to be on disability leave at the time of the downsizing.

Your employer has up to 44 days to notify you of your COBRA rights.
 

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