Can I be terminated by my employer while out on long term disability and still under doctors care?
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Can I be terminated by my employer while out on long term disability and still under doctors care?
I had surgery on my foo ( not workmans comp. related). I have had complications from surgery and I am not able to perform all duties of my job. The company says that they cannot accommodate my limited abilities. Can I be terminated from company?
Asked on April 29, 2011 under Employment Labor Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Receiving long term disability does not, in and of itself, provide job protection. And an employer, absent other circumstances, is not going to be required to modify your current job or make up a new job for you, in order to keep you employed. Are you on leave under the Family Medical Leave Act (FMLA)? Then you are probably ok until the leave is over. But once it is over and you can not return to work you may be pout of luck. You might want to call and discuss the matter more fully with an employment attorney in your area or the department of labor. See what your options are here. Good luck to you.
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