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short term disability termination

Because an employee is now on short term disability and has been for the last 3 months, family leave is exhausted, there is no possibility of him returning to work soon, can the employee be terminated while receiving short term disability.

Yes, an employee can be terminated while on short term disability. Whether it is paid by an insurance company or the state, short term disability benefits partially replace income lost when an employee cannot work due to a temporary illness. Short term disability does not protect the employee's job.

FMLA, the federal Family and Medical Leave Act, protects the employee's job for up to 12 weeks of unpaid leave. Usually an employee who is collecting short term disability benefits is also on FMLA. Once the employee has exhausted all 12 weeks of FMLA, he or she can be terminated, even if the employee is still collecting short term disability payments. Many short term disability policies provide payments for 26 to 52 weeks, but there is no guarantee that the employee will have a job to return to after that time.

Note that some states provide additional job-protected leave under a state family leave law. Some employees are also entitled to additional unpaid leave under ADA, if they have a permanent disability. It may be unwise for the employer to terminate an employee with a work-related injury. But in most cases an employee with a short term disability who has exhausted FMLA can be terminated.

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This entry was posted on Thursday, January 27th, 2011 at 11:26 am and is filed under
Attendance Management.
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