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Illinois Short Term expiring / Long Term applied for being fired

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  • Illinois Short Term expiring / Long Term applied for being fired

    I've been on Short term disability for an injury not job related since the end of June, this will expire on 12-27-16. FMLA has expired and was not extended and I have applied for Long Term Disability (which I have paid for as an optional benefit) but the decision has not been made yet and I also have a doctors appointment tomorrow and will probably require surgery. My company's HR department contacted me to advise me that if I do not return to work I will be terminated. Is this legal? Why have I been paying for this benefit if when it becomes necessary to utilize it I'm terminated? I would love to return to my job however, I am physically unable to perform my job duties at this time, the manager has been telling me he wants to put me in another position that doesn't have the same physical requirements for several months before I was injured but no formal moves were made to do so and when I asked him and HR about making the change I can't get a straight answer. I will have been at my job 5 years on 12-28-16. I was told that if I don't return that they won't technically fire me until January so I'll have benefits (that they will take from final check) through the end of January. I didn't use any vacation time this year but it doesn't carry over so if I'm technically fired immediately I may get whatever vacation pay I still have coming but my benefits would end at the end of the month. I didn't think I had any options but a relative told me to check here to see if this can be done and if so can it be done before the decision is made as far as if I'll need the surgery and since the insurance company is contracted by my employer how will the long term work if I am no longer employed? I just don't know what to do - been trying to avoid surgery because then I basically start over in the healing / therapy process. I know it's last minute but I really didn't think there were any options for me but thought I'd ask what if anything my rights are and if there is anything I can do?

  • #2
    If FML has expired, the company's next step would be to see if an extended leave might qualify as a valid accommodation under the ADA. However it sounds like you have no return to work date available. Which means an extended leave isn't an option.

    So the company is within its rights to terminate you when your leave ends. You will receive information from the company about enrolling in health insurance via Cobra. You will be required to pay the full premiums plus 2% processing fee.


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