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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19776
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am currently on disability through a plan offered by my

Customer Question

I am currently on disability through a plan offered by my company. My FLMA has expired. Can I be terminated and not receive my disability?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. The answer to your question about termination depends on many factors, but the law is that if you request more time off from your employer to recuperate then your employer must determine if they can provide you a reasonable accommodation under the ADA by way of that extra time without causing an undue hardship on the Company. If they don't take that step or they refuse you and you believe they made the decision in error, then you can file a complaint under the ADA with the EEOC or, if you choose, hire an attorney to file suit for violation of the reasonable accommodation rules of the ADA.

As for your disability payments, I assume you mean STD or LTD. If you have already qualified for them and are receiving them, then they will not end until the policy says they do. In other words, termination doesn't end payments, only recovery or the time limits for pay outs can end payments.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

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