In the event that you become disabled and unable to work due to illness or injury, both short-term and long-term disability insurance policies can help secure your income by providing you with cash payments. Many people who get disability benefits are shocked to learn that they offer virtually no safeguards against losing their jobs. A company has the right to terminate an employee who is receiving disability payments in most scenarios, yet in exceptional cases, an employee may have a claim for wrongful termination.
Obtain legal advice from an Employment Attorney near me who is experienced in handling your specific case.
Family and Medical Leave Act Job Security (FMLA)
If your health or that of a close relative is seriously affected, your employer must provide unpaid leave for up to twelve weeks in a year. While the Family and Medical Leave Act (FMLA) may apply in some situations, not all employers fall under its jurisdiction, even those with specific standards that workers must complete before they are considered eligible for protection under the legislation. In order to qualify for FMLA benefits, employees must have worked for a company with 50 or more employees and be within 75 miles of their workplace.
Worked for the company for a minimum of 1,250 hours over the course of a year.
Although FMLA leave is unpaid, an employee is still eligible for short-term and long-term disability benefits. Many companies even insist that you take your FMLA leave throughout your disability. For many people with disabilities, the Family and Medical Leave Act (FMLA) is their only real guarantee of work security.
As long as your FMLA leave doesn’t exceed 12 weeks per year, your employer can’t fire you for taking it. You have the right to return to the same or a substantially similar position with your employer after taking FMLA leave. If you take more than 12 weeks of FMLA leave, even by one day, your job security may be jeopardised. Even if you lose your job while collecting disability insurance, the policy will pay you your benefits as promised.
Finally, it is important to keep in mind that the FMLA is a federal law and that some states may have more lenient policies regarding unpaid medical leave.
