What may be unreasonable in one situation may be reasonable in another. The Equal Employment Opportunity Commission provides guidance for employers on granting leave as a reasonable accommodation.
You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. Reuse Permissions. Page Content. Disability Accommodations Leave Benefits. You have successfully saved this page as a bookmark. OK My Bookmarks. Therefore, if financially possible, it is important that you continue to seek medical treatment despite your lack of employer-sponsored healthcare benefits. Short-term disability benefits provide income replacement for non-work related injuries or illnesses that render an employee unable to work for a limited period of time.
While employers are generally not required to provide short-term disability benefits, many do. The maximum amount of time an employee can receive short-term disability benefits varies based on the governing disability policy — employees can receive benefits for as short as several weeks or as long as one year.
If your employment is terminated prior to filing a short-term disability claim, then you may face more resistance getting your claim approved.
Unlike the FMLA, short-term disability benefits do not provide for job protection. Therefore, it is possible to be fired from your job while on a short-term disability leave. The ADA requires that employers with 15 or more employees offer workplace accommodations that would permit the employee to perform their job duties. Some states, including Illinois, require employers with as few as one employee to provide reasonable accommodations.
It also provides that you are only eligible for job-protected leave under the following reasons:. If you qualify for FMLA but still got terminated, you can file for reinstatement or claim damages from your employer. Under this act, employers with 15 or more workers have to provide reasonable accommodations to their disabled employees. These are the adjustments or changes to the workplace so disabled workers can successfully perform their tasks to the same extent as people without disabilities.
For example, the employer can install ramps or modify the layout of the workplace. They can also provide assistive technologies such as screen readers and videophones. The same also applies if no reasonable accommodations exist that can cater to your disability. Different states have their own laws covering medical leaves for employees. Some of them are more generous than the FMLA. In California , for instance, employees get at least 30 days of paid sick leave within a year. They can also earn one hour of paid leave for every 30 hours worked.
In Florida , as long as you return to work before your allowed leave has ended, you can go back to your former position. Or in a different position but with similar pay, benefits, and status. It depends on your disability insurance policy. Although, there are instances when your insurance company can legally terminate your benefits. If you have been wrongfully terminated, contact an experienced workers compensation attorney like Victor Malca.
If you and your employer can't figure out any accommodations that are reasonable and that allow you to do the "essential functions" of your job, your employer can fire you. In other words, despite the best efforts of your employer to accommodate you, if you still can't do the job, you can be fired.
Or if your employer has set up accommodations that allow you to return to work, but you don't return, you can be fired. About requesting unpaid leave as an accommodation, keep in mind that it has to be reasonable and not cause undue hardship. Generally, your employer has to allow you to take leave if you are expected to return in a reasonable amount of time and to be able to do the job when you return with further accommodations, if necessary.
For instance, if you are a key employee whose absence can't be covered temporarily by existing or new employees without great cost, or if you ask for a lengthy leave without a definite return date, your employer may be able to claim undue hardship. Here's a good rule of thumb: If the cost or other consequences of allowing you to take additional leave while saving your position for you threatens the company's financial stability, your employer will probably be allowed to fire you.
For further discussion on this, see Nolo's article on when an accommodation recreates undue hardship. If you were let go while on disability leave—FMLA or not—speak to a disability or employment lawyer. To find an attorney in your area to talk to, fill out our request for consultation with a disability attorney using the tool above. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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