Short-Term Disability Leave

CAN MY EMPLOYER FIRE ME FOR GOING ON SHORT TERM DISABILITY LEAVE?

The answer to this question, like most legal questions, is “it depends.”  Connecticut is an at-will employment state.  This means that, generally, your employer can fire you for any reason that is not a violation of the law.  Since short-term disability (STD) is not a law, but an insurance policy, it is not illegal to fire someone simply because they go out on short-term disability.  You may be protected from termination if you are out on short-term disability for reasons that invoke another law.

 

The Connecticut Fair Employment Practices Act (CFEPA) prohibits employers from discriminating against individuals with a disability and requires them to provide reasonable accommodations.  A brief leave of absence could be considered a necessary accommodation under this law.
 
You may also be protected under the Connecticut or Federal Family Medical Leave Act.  These laws apply to larger employers (50 employees or more for the Federal law and 75 employees or more for the Connecticut law) and require that you have worked for your employer for more than 12 months.  This law may protect your job even if your leave coincides with an STD leave. 
 
For more information on the Family Medical Leave Act and the Connecticut Fair Employment Practices Act, please visit our website: https://www.hayberlawfirm.com
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