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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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Im facing possible termination and am eligible for disa bility

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Im facing possible termination and am eligible for disa bility (on dialysis and transplant list. should I go on short or long term disability or use The Family medical leave
Hi,

Thank you for your question.

Going on disability and using the FMLA are two different things. When you use your FMLA leave, this allows you to be able to leave work and be guaranteed a job at the end of 12 weeks. However, FMLA leave is unpaid leave.

Disability is an insurance program which pays you while you are unable to work.

So, what you should do is immediately request FMLA leave and then activate your long term disability. You want to use the long term disability because they may in fact fire you after the FMLA leave runs out, so you want to continue your pay after that.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
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