Can you get fired for disability time off?

[Wakets]

I have a problem with my back as a result of a car accident. I will need to take a few weeks off as a result. I will probably apply for disability. Can you be fired or laid off when you're on disability?

 

[Betty3]

First off, does job protected FMLA apply in your case?

Here is a link to the requirements that must be met for FMLA to apply.

http://www.dol.gov/whd/regs/compliance/whdfs28.htm

 

[Wakets]

Thank you for answering. It looks like I would be able to meet the requirements. I didn't think of that but I have been there long enough.

 

[Betty3]

If *all* the requirements are met for FMLA, then you can request job protected leave under FMLA. It offers up to 12 weeks of job protected leave.

However, to answer your question, you can be terminated while on disability leave if you have no type of job protection under FMLA or ADA....Disability income is just income you get while on leave but does not protect your job (FMLA does that).
Also, I might mention that even under FMLA you can be terminated if you would also have been terminated had you not applied for/been on FMLA (such as your job is eliminated while on FMLA & it would also have been eliminated if you had not been on FMLA).

 

[cbg]

You can also be terminated if you exceed your FMLA.

 

[Betty3]

Agree unless some additional time off under the ADA would be a reasonable accommodation.