Fired While Out on Disability

Can my employer fire me if I am “out on disability?”

We get this question alot and it reveals a misunderstanding of several laws.

First, being “out on disability” has several possible meanings.  It usually means that you are disabled from work and are collecting disability insurance benefits.  This status does not protect your job.

There are two laws which usually come into play.  The first is the FMLA.  Employers of 50 or more must hold your job for 12 weeks under the FMLA.  In Connecticut, you get 16 weeks over a 24 month period.

The second is the law against disability discrimination.  If you have a disability that allows you to work but restricts you from performing only a few minor parts of your job, your employer can be made to accommodate you, as long as it is reasonable and not too burdensome to do so.

If you aren’t covered by the FMLA and if you are not entitled to an accommodation, then you might be out of luck.  Being “out on disability” may not protect you.

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