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View Full Version : Terminated in GA while on short term Disability...?


Kahlo
08-25-2005, 05:26 PM
I claimed short term disability by the request of my direct supirior due to my depression becoming intollerable and a shortly after a suicide attempt on 5/29/05. I have been through a series of non succesful treatments and an array of medications and one more suicide attempt. On August 4th I recieved a letter typed on company letterhead from the same surpior stating that I was terminated. According to the disability and company policy, I could still claim an addition three months because I have been with them for 4 years. My disability was approved through Sept 1st. My supirior knew very well of my struggles with mental illness and the medications I took to manage it. Is this leagal?

cbg
08-26-2005, 07:05 AM
Despite what a great many people appear to believe, there is no law saying that you cannot be terminated while you are on disability leave, and there is no law saying that you cannot be terminated while under a doctor's care, and there is no law saying that you cannot be terminated if you have a medical or mental condition. You cannot be termed BECAUSE you applied for a (protected) medical leave and you cannot be termed BECAUSE you have a medical or mental condition that qualifies for protection under the ADA, but that is not at all the same thing as saying that you cannot be termed at all.

The law does not require an employer to hold an employee's job open indefinitely, or even until the end of their medical leave. Barring a state law that says otherwise (and your state does not have one) the maximum length of time an employer is required to hold your job open is 12 weeks per 12 month period. (That's not 12 weeks per occurance; that's 12 weeks total in the 12 month period.) I can't tell from what you've posted whether or not whether you qualify for the full 12 weeks or whether or not you received it. But your disabilty benefits will not be affected by whether you are or are not still employed by the company that offers them; you will still be able to continue receiving the disability benefits even after you are termed.

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