If your employer terminatesyou after 12 weeks of FMLA and you are still under doctor’s care,are you entitled tostill receive short term disability?

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If your employer terminatesyou after 12 weeks of FMLA and you are still under doctor’s care,are you entitled tostill receive short term disability?

Asked on January 5, 2011 under Employment Labor Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

That is the problem with FMLA.  Although it entitles you to take the 12 weeks of time it does not necessarily guarantee you your job when you return if you are still under a doctor's care.  Nothing really can.  You need to speak with a disability attorney on all of this.  You may be able to receive Social Security disability if you qualify.  The paperwork and requirements, though, can be very daunting and probably not something that you should tackle on your own.  The consultation should be free so try and see what they say and then you can decide what to do.  Good luck to you with your health and with your employment.


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