If I am out of FMLA and still on short term disability, can my employer fire me?
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If I am out of FMLA and still on short term disability, can my employer fire me?
Asked on September 7, 2012 under Employment Labor Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Your employer cannot fire you for using FMLA leave. It also cannot fire you for being disabled, IF your disability could be accomodated at work (that is, if there is some reasonable way you could still do your job). However, once you have used up or come off FMLA leave, you could be fired if either you continue to be absent (without having permission from the employer, or using some paid time off you've earned to cover the absence) or if you simply cannot, even with reasonable (not too costly or disruptive) accomodations, do the job (employers do not need to retain staff who cannot do the work for which they were hired).
You could also be fired for unrelated reasons, such as if you violated company policy, stole from your employer, ignored instructions or directives from a supervisor, etc.
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