As a legal expert with a focus on employment law, I often encounter questions regarding the rights of employees and the obligations of employers, particularly in the context of leave policies and disability benefits. One such question is whether an employee can be fired while on long-term disability. This is a complex issue that involves various federal and state laws, as well as company policies. The Family and Medical Leave Act (FMLA) is a key piece of legislation that provides certain protections for employees in this situation.

Step 1: Understanding the FMLA

The FMLA is a federal law that entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. One of the reasons an employee may take FMLA leave is due to a serious health condition that renders the employee unable to perform the functions of their job.

Eligibility for FMLA Leave:

- The employee must work for a covered employer, which generally includes public agencies, public and private elementary and secondary schools, and businesses with 50 or more employees.
- The employee must have worked for the employer for at least 12 months.
- The employee must have worked at least 1,250 hours during the 12 months immediately preceding the start of the leave.

Leave Entitlement:

- Eligible employees are entitled to up to 12 workweeks of FMLA leave in a 12-month period.
- Leave can be taken all at once, intermittently, or on a reduced leave schedule.

Interaction with Disability Benefits:

- Although FMLA leave is unpaid, an employee can receive short-term disability or long-term disability benefits while on FMLA leave. This means that an employee may continue to receive some form of income replacement while they are unable to work due to a serious health condition.
- The receipt of disability benefits does not affect an employee's eligibility for FMLA leave, nor does it extend the 12-week limit of FMLA leave.

Termination While on FMLA Leave:

- Generally, an employer may not terminate an employee because they are on FMLA leave. This protection applies as long as the employee does not exceed the 12-week limit of FMLA leave in a 12-month period.
- However, there are exceptions to this rule. An employer can terminate an employee on FMLA leave if:
- The employee engages in misconduct that would result in termination regardless of the leave.
- The employee's position no longer exists due to economic reasons or a reorganization, and the employer follows the proper procedures for a reduction in force.
- The employee fails to return to work after the approved leave period or does not provide sufficient medical certification to support their continued need for leave.

State Laws and Company Policies:

- It is important to note that state laws may provide additional protections for employees beyond what is required by the FMLA. Some states have more generous leave policies or stricter regulations regarding termination.
- Company policies may also offer more comprehensive benefits or protections than the FMLA requires. Employees should review their employer's policies and consult with a legal expert if they have concerns about their rights.

Conclusion:

In summary, while an employee is generally protected from termination while on FMLA leave, there are certain circumstances under which an employer may legally terminate an employee. It is crucial for employees to understand their rights under the FMLA and any applicable state laws, as well as to be aware of their employer's policies. If an employee believes they have been wrongfully terminated, they should seek legal advice to explore their options for recourse.

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Although FMLA leave is unpaid, an employee can receive short-term disability or long-term disability benefits while on FMLA leave. ... Your employer may not terminate you if you are on FMLA leave as long as you don't go over 12 weeks of FMLA leave per year.read more >>