Can You Lose Your Job While on Disability Leave?

When you can't work because of a health problem, you might get money from a short-term or long-term disability insurance plan.

Some people are surprised to learn that getting this money doesn't always keep their job safe. There are times when a boss can legally fire someone who is out on disability. However, there are laws that can protect you in some cases.
 

Protection with the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act—a law from the government—gives workers up to 12 weeks of time off without pay every year for their own health issues or to care for a sick family member.

During these 12 weeks, your job should be safe. But not every company has to follow FMLA. It's for businesses with 50 or more employees close to each other, and to be covered, you must have worked there for at least a year and for 1,250 hours in the past year.
 

Can You Be Fired While on Disability Leave?

If you stay within your 12 weeks of FMLA leave, your job should be protected. When you come back, you should either have your old job or a similar one.

If you go over the 12 weeks, even by just a day, your boss might let you go for missing too much work. Though, if you’re let go, your disability benefits should still continue based on your policy.
 

Getting Paid During Disability Leave

FMLA leave doesn't pay you, but you can get disability benefits during it. Many times, bosses make you use your FMLA time if you're getting disability benefits.

For a lot of people, FMLA is the strongest job protection they have. There are extra rules in some places that can help you, so it's worth checking the laws in your state.
 

How the Americans with Disabilities Act (ADA) Helps

In the United States, most work is "at-will," meaning your boss can let you go for almost any reason. But the Americans with Disabilities Act says you can't be fired just because you have a disability.

If you're disabled, the law protects you, including when you're on disability leave or if you've come back to work after being on disability.

The ADA says a disability is a physical or mental problem that seriously limits what you can do in life. If you work for a place with 15 or more employees, they must try to make it easier for you to work (as long as it's not too hard on the business).

You have to tell your boss about your disability to get help. This help could mean changing how or when you work, making the workplace easier to get around, or other changes. If you take time off as one of these changes, you can't lose your job during that time.
 

What Are Reasonable Accommodations?

What an employer can do to help depends on things like how big the company is and how costly the changes are. If making these changes doesn't work or the disability means you still can't do the necessary parts of the job, then letting you go could be legal.
 

What Happens After You Come Back From Disability Leave?

Before firing someone or not letting them come back after leave, the boss must see if there's a way to make it work for the employee to do their job. They should try different ways to help with the disability before deciding that the job just can't be done.

Employers usually don't want to fire someone on disability leave because they're worried about possible lawsuits. But sometimes they can't keep a job open for too long and need to hire someone else.
 

How FMLA and ADA Work Together

It can be tricky to understand how FMLA and ADA apply to your situation. Being on FMLA or getting disability benefits doesn't always mean you can't do your job, so you could still be protected by the ADA. Here's a quick guide:
 

When You Can't Be Fired:

 

• If you're using your FMLA leave.
• If you can do the job with some help, but your boss hasn't given you that help.

 

When You Can Be Legally Fired:

 

• If you take more than your 12 weeks of FMLA.
• If you didn't say you were using FMLA leave and you broke the company's rules for taking time off.
• Even with help, if you can't do the important parts of your job.
• If you don't return to work after your boss has made the necessary changes to help you.

-

Need more legal guides? Check out the articles here.