Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

off while your on disablity

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • off while your on disablity

    Florida. Can a company lay you off while your on disablity. I was pregnant.

    If so do I lose the rest of my disablity pay and my health insurence right away? What options do I have?

  • #2
    Disability

    Originally posted by sherry1
    Florida. Can a company lay you off while your on disablity. I was pregnant.

    If so do I lose the rest of my disablity pay and my health insurence right away? What options do I have?
    Are you covered under FMLA (Family Medical Leave Act)? If so, then you can't be terminated during the period of coverage. If not, then generally, yes, your employer can lay you off while you're on disability.

    To be eligible for FMLA, you must have been:

    -employed by the employer for at least 12 months;
    -employed at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave;
    -employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite.

    You should continue to receive your disability benefits as described in your insurance plan. You also have the option of continuing your health insurance coverage through COBRA for a period of time, but you will be responsible for paying the premiums. Talk to your benefits coordinator who can discuss all the options available to you.

    Comment


    • #3
      [QUOTE=Karen]Are you covered under FMLA (Family Medical Leave Act)? If so, then you can't be terminated during the period of coverage. If not, then generally, yes, your employer can lay you off while you're on disability.

      --

      Just an FYI: IF the empoyer was doing layooffs and you would have been an candidate for layoff during that time (regardless of your FMLA) you are subject to layoff. i.e. if they were closing down or cutting back a certain dept. and you are in that group, you are subect to those layoffs, as long as the reason is not your pregnancy or leave
      Sue
      FORUM MODERATOR

      www.laborlawtalk.com

      Comment


      • #4
        Thanks, Sue, for the FYI. You're absolutely correct.

        Comment

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X