Can You Be Fired From a Job While on Leave With Disability?

The Family and Medical Leave Act is a federally mandated set of laws providing employees of most companies with 12 weeks annually of unpaid leave if they need to deal with serious medical or personal problems. This act only applies to businesses employing at least 50 people. However, entitled employees must have worked one year or more for their employer and have accumulated 1250 hours or more of work during the previous year. Although taking a leave of absence from work under this law is an unpaid absence, employees may be able to apply for and receive long-term disability or short-term disability benefits while on leave.

Fired From Job Due to Disability

Can an Employer Fire an Employee Who is on Leave with a Disability?

No. Employers cannot terminate an employee who is on FMLA leave. However, if that employee remains on leave beyond the 12 weeks allotted by the Family and Medical Act Leave, the employer may legally fire the employee. Also, employees returning to work from FMLA leave must be allowed to resume their former work tasks or given a position similar to the one they previously held. Employees receiving short-term disability or long-term disability benefits who are fired can continue receiving their benefits according to their policy terms.

How Does the ADA Protect People with Disabilities from Losing Their Job?

Further supporting rules set by the FLMA is the Americans with Disabilities Act, another federally mandated law that makes it illegal for employers to fire employees with disabilities. The ADA protects employes meeting their definition of a disability: “a mental or physical impairment substantially limiting major life activities”. Companies employing at least 15 workers are covered by the Americans with Disabilities Act.

Some employers think they have a legal right to fire employees who have been diagnosed with a disabling condition. However, they do not have that legal right and may be taken to court over such an unlawful termination of an employee. Contact our disability law firm today if you know of an employer who may have violated FMLA or ADA regulations.

Are You Eligible for Workers’ Compensation Benefits?

If you or a loved one was hurt in an accident at work, you could be eligible for workers’ compensation benefits to help cover your medical bills and lost wages. As long as you meet eligible, you may be entitled to benefits regardless of whether or not you were at fault for the accident. However, it is important to note that if you choose to seek this type of protection, you will typically have to forfeit the right to file a lawsuit against your employer to seek additional compensation.

Workers Compensation

What Are the Workers’ Compensation Eligibility Requirements You Must Meet?

Generally, applicants must meet 3 basic requirements to prove their eligibility for worker’s compensation benefits. These include:

· You must be an employee

· You must have a work-related illness or injury

· Your employer must currently carry worker’s compensation insurance coverage

To help determine where you may fall in terms of workers’ compensation eligibility, continue reading below.

Requirement #1: You Must Be an Employee

This may sound like an easy requirement to fill but in some cases, businesses hire independent contractors like freelance workers and consultants. However, many regularly employed workers like drivers for popular ride-sharing services have has disputes with their employers in the past. If you’re unsure which category you fit into, talking to a workers’ compensation attorney can help.

Requirement #2: You Must Have a Work-Related Injury/Illness

Typically, if you were completing a task or job at work and become injured or ill as a result, you should qualify for workers’ compensation benefits. But in cases where you were off the clock, say on a lunch break or driving to work in your privately owned vehicle, you may not qualify for benefits.

Requirement #3: Your Employer Must Have Worker’s Compensation Insurance

The majority of employers are required to carry this type of insurance coverage but in some cases, they may not be. If your employer is making it difficult to file for workers’ compensation benefits, it is in your best interest to speak with a workers’ compensation attorney as soon as possible.