{ "media_type": "text", "post_content": "Can you get fired or laid off if you are on a short term disability leave? Does this call for a lawsuit if this happens?", "post_id": "5f6de15057ce640020df11a5", "reply_count": 11, "vote_count": 2, "bowl_id": "552d1d24dc1c586b09d2d051", "bowl_name": "Consulting" }

Can you get fired or laid off if you are on a short term disability leave? Does this call for a lawsuit if this happens?

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if as part of very broad group layoffs then might be difficult to fight

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Depending on firm size you’d have 60 days’ WARN notification

If you are on leave no. But that does not mean that when you come back you can’t be let go.

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You can get laid off during short term disability leave if you are not being laid off because you are on leave. It’s unlikely but it can happen. Otherwise everyone would just go on short term disability leave whenever layoff season comes around.

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I'm so lost by this response.

Perfectly legal as long as the reason isn't related to the disability

STD doesn’t not provide job protection, by law. Your firm policy may provide protection. Your only job protection is FMLA. If you’re worried about being laid off, take FMLA concurrent with your STD.

You should speak to an employment attorney. Just google your state’s bar association and ask for a referral. You can get some free time as a result and you’re likely to get a better answer. They may even help you to figure out what backup you need.

I'm pretty sure STD is protected by FMLA. I know my Paternity Leave is which I was surprised to hear from Leave Management

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