Can an employer terminate an employee who ison short-term disability?
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Can an employer terminate an employee who ison short-term disability?
Recently I was terminated before my short-term disability was up, due to inactive employment. Short-term was approved through 04/11 but my employer terminated my employment 03/11. Is this legal? If not what can be done to rectify the situation?
Asked on May 5, 2011 under Employment Labor Law, Arizona
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A number of labor law issues arise here but let's go over the basics. First of all, when you have short-term disability, you usually have the ability to use it and be paid at the same time you have any remaining vacation, sick and other leave time. Short term disability usually covers your salary when you otherwise would not be paid. In other words, if you have the Family Medical Leave Act leave of absence, you can take up to 12 weeks off unpaid. Short term disability actually pays you during that time minus any time period (1 or 2 weeks) that your insurance won't pay. If you have been absent from your job for more than 12 weeks, the state and federal laws usually don't require your employer to keep your job. Worker's compensation is totally different. If you were fired though you were approved through April, talk to your state's department of labor and immediately contact your unemployment agency and see if you need to apply immediately and if your short term disability will impact that application.
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