question

[cheeks]

I have been out of the office for a couple of months awaiting a STD or LTD approval. Can my company fire me while in limbo or once I am on LTD?

 

[disagreeable]

I have been out of the office for a couple of months awaiting a STD or LTD approval. Can my company fire me while in limbo or once I am on LTD?

Yes, generally for any reason except the disability. For example, if you wrecked a company car and were injured, they can fire you for negligently wrecking the car, but not for being injured while working.

 

[cbg]

Just as the thread where you originally posted this says, barring a legally binding contract or CBA, or a state law, that expressly says otherwise, the longest an employer is required to hold your job is 12 weeks, and that is only if FMLA applies. Neither STD nor LTD benefits provide any sort of job protection at all. Job protection is provided by FMLA and NOT by the fact that you are collecting disability benefits.

Where people get confused is in the definitions of the word. Because "disability" is a protected characteristic under the law, they assume that disability benefits are also. What they do not realize is that not all conditions for which disabilty benefits are payable, qualify as a protected disability under the law. For example, you could certainly collect disabilty benefits if you break your ankle, but a broken ankle is not a disabilty under the ADA.