Can an employer fire you while on short term disability?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer fire you while on short term disability?

I have worked an actual 1160 hours for my employer and additional hours for PTO which would be 1250 qualifying me for FMLA. My employer started I don’t qualify for FMLA. I took out and pay for STD and LTD. I started my STD leave about 40 days ago. I am currently in the 8th week of it. My employer said they would accommodate me and my disability. I agreed. The next day, I was fired. Can my employer legally do this since I agreed to them helping to accommodate me?

Asked on March 31, 2017 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You cannot be fired *because* you are on disability or because you have a medical condition: such is illegal retaliation for using a lawful benefit and/or illegal disability-based discrimination. If you believe that this was the case, contact the state department of labor to discuss the case--they may be able to help you (or may refer you to the federal EEOC for disability-based discrimination); alternately, you could speak with an employment law attorney about possibly suing.
Bear in mind that you could be terminated lawfully for unrelated reasons, if they are true (and provable), such as if you'd had ongoing performance issues, had been insubordinate, etc. You cannot be fired due to the leave or a disability, but those factors do not guaranty you employment in the face of other valid issues.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption