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Terminated while on short term disability Massachusetts

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  • Terminated while on short term disability Massachusetts

    I injured my back in a non-work related accident and had to go onto short term disability. After 8 weeks I got a call from the company terminating me. I asked why, but I got the standard "you are an employee at will and it is within our rights do terminate your employment at any time". I've never gotten any negative feedback on my work, or had any problems with any employees so I have no idea why they terminated my employment. Is it legal to terminate me while I'm out on STD?

  • #2
    Is it legal to terminate me while I'm out on STD? Yes. STD (short term disability benefits) is an income protection benefit your employer provides. It has nothing to do with whether the employer is obligated to extend leave time to you and if so, for what length of time.

    In order to determine if your employer violated any laws that require them to extend leave to you, please answer these questions:

    1. How long have you worked for this company?
    2. In the past 12 months, have you worked at least 1,250 hours for this company?
    3. Are there are least 50 employees working at the location at which you work or within a 75-mile radius of where you work?


    • #3
      Originally posted by rear-ended
      Wouldn't you have at least 4 more weeks before they can do that? That suxs, hope it doesnt happen to me.
      We don't know yet if the employee is even FMLA-eligible or the employer is subject.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


      • #4
        Terminated while on short term disability

        I was at the company for 11 months and have worked more than the hours you have asked about.The company has somewhere in the vicinity of 50 employees.


        • #5
          Unfortunately, you and the company have to meet all of the criteria beth3 outlines in her response in order to qualify for job-protected leave under FMLA.
          I am not able to respond to private messages. Thanks!


          • #6
            Therefore, it was legal to terminate you while on STD. You didn't qualify for job protected FMLA.
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