is it legal to fire a employee while you are on short term disability

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is it legal to fire a employee while you are on short term disability

I had 2 weeks remaining on short term disability and I received a letter from my employer that I will let go for can’t physically perform my duties

Asked on November 20, 2017 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Short-term disability is widely believed to protect your employment, but it does not: it provides partial income replacement, but does not preserve your job. If you cannot do your job, your employer may terminate you: the law does not require employers to retain or hold the jobs of employees unable to do their job duties. If your company is covered by the Family and Medical Leave Act (FMLA)--which means it mst have at least 50 employees within a 75-mile radius--and you are eligible for it--you worked there at least a year; worked at least 1,250 hours in the past 12 months--you may wish to go out on unpaid FMLA leave (you can still get disability). If you are on FMLA leave (which lasts up to 12 weeks), you cannot be fired while on leave.


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