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Fired for being on short-term disability? South Carolina

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  • Fired for being on short-term disability? South Carolina

    I know that South Carolina is a at will state, but if a friend is pregnant and she wants to collect short-term disability due as recommended from a psych. can she still be terminated? Is this legal if she is approved for short-term?
    Thank you,
    P

  • #2
    Unless FMLA applies, the doctor's note legally need not be given any weight when it comes to leave. Disability insurance is how the worker gets PAID while on leave.

    Does the employer have at least 50 employees at your location or with a 75-mile radius of your location? Had you worked there at least one year at the time of this occurrence of absence? In the 12 months immediately preceding the absence, did you work at least 1,250 hours?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Collecting STD benefits does not provide any job protection whatsoever. It is FMLA, which can but does not always run concurrently with STD benefits, that provides job protection.

      Patty's questions will determine whether or not FMLA applies.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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