Wednesday, May 18, 2011

Can I Get Fired if I Take Short-Term Disability Leave?





The Very Best Protection

Actually, this question, we hear a lot, kind of misstates the circumstances.

"Short-term disability leave," per se, does not exist.  If you need to miss work because of sickness, injury, etc., you may be eligible for short-term disability insurance - the premiums are paid for by the company and the benefits, which typically approximate about 2/3rds of your pay, are paid by the insurance company. 

STD and LTD Company-Sponsored, 
but Administered and Decided by Insurance Companies

However, short-term disability insurance companies have no control over whether you will get to keep your job if you need to miss work. 

In general, in Pennsylvania there is one law, and one law only, that protects you from being fired if you need to go out on "short-term disability leave."  It is the Family and Medical Leave Act.  Click Here for a comprehensive examination into the interplay between FMLA and short-term disability insurance.  This article also provides links to numerous helpful articles about how FMLA works.

Although short leaves are available under the Americans With Disabilities Act, it is usually FMLA that provides the greatest job security for the longest period of time. 

Many companies have a "short-term disability leave" policy, a title that actually kind of mixes apples and oranges.  In any event, the key thing to remember about company policies is that - companies are under no legal obligation to follow them!  Also, if you look carefully at most of those policies, they don't say anything about guaranteeing your job back when you return.  Moreover, even if they did - such policies are not enforceable under state or federal law.

The only true protection one has from being fired for taking "short-term disability leave" is if you are protected under FMLA. 

Hope this was helpful!

HERE ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:

What Are My Employer's Obligations When I Request FMLA Leave?  Pennsylvania FMLA Attorneys

What is a "Serious Health Condition" Under the Family and Medical Leave Act (FMLA)?  Is the Flu Covered by FMLA?

FMLA, Short-Term Disability, Workers Compensation and Unemployment Compensation - How Do They All Fit Together?

Am I Eligible for Unemployment Benefits if I am Out on Family Leave?

New Jersey State Temporary Disability Insurance  - Contingent Fee Lawyers

Can I Get Unemployment in Pennsylvania if I am Out on Disability Leave? What are the Differences Between Short-Term Disability and Long-Term Disability?

Are Judgments or Settlements Under Family and Medical Leave Act Subject to W-2 Taxes and Withholding or Should They be Paid Under a 1099?

Short-Term Disability, Family Leave, ADA and Workers' Compensation - How They All Fit Together

Mandatory Sick Leave in Philadelphia - You Cannot be Punished for Taking Time Off Due to Illness or Injury of You or a Family Member

Ten Things that Trouble Human Resources - The Tricky Part of FMLA Leave Made Simple - Common Problems and Issues for HR Professionals 

 

Intermittent Family and Medical Leave - What You Need to Know

I Want to Quit My Job and Get Unemployment Benefits in Pennsylvania

Pennsylvania Unemployment Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS

How Do I Complete an Application for Unemployment Compensation Benefits in Pennsylvania - Did I Resign or Was I Fired?  What is a Reduction in Force Versus a Layoff?

 What is a Necessitous and Compelling Reason for Quitting my Job Under Pennsylvania Unemployment Law? Philadelphia Unemployment Lawyers Explain

The Burden of Proof in a Pennsylvania Unemployment Appeal Referee Hearing

Can I Get Unemployment in Pennsylvania if I am Out on Disability Leave? What are the Differences Between Short-Term Disability and Long-Term Disability?

 Should I Resign or Let Them Fire Me? What Happens If I Quit My Job?  What Rights Do I Lose If I Resign or Quit From My Job? 

 

YOU CAN GET PARTIAL UNEMPLOYMENT COMPENSATION IN PENNSYLVANIA IF YOUR EMPLOYER REDUCES YOUR HOURS OR MAKES YOU A PART-TIME EMPLOYEE

 

What is My Base Year Under Pennsylvania's Unemployment Law?

HOW DO I COMPLETE AN APPLICATION FOR PENNSYLVANIA UNEMPLOYMENT BENEFITS - SOME KEY TIPS

SEVERANCE PAY, SETTLEMENTS AND PENNSYLVANIA'S NEW UNEMPLOYMENT LAW

Forced to Resign:  What Are My Rights if I am Forced to Quit From My Job in Pennsylvania?


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Pennsylvania Family Leave and Disability Attorney

Philadelphia Are Employment Attorneys Representing Employees

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