When you’re unable to work due to an illness or injury, short-term disability coverage can provide a financial safety net. This type of insurance replaces a portion of your income when you are unable to work for a specified period of time because of illness or injury. Unfortunately, many employees never realize just how important this benefit is until they need it. While the thought of losing your job because of an extended illness or injury might seem like the last thing you need, it is something that could happen to almost any employee at any company. In fact, it’s more common than you think for employees to be terminated while on short-term disability leave. That being said, there are also some things that you can do to protect yourself from being fired in the event that you cannot work as a result of your illness or injury.
Can You Be Fired While On Short Term Disability?
The answer, unfortunately, is yes. Even though you may be sick or injured and using a short-term disability, your employer is not required to keep you on staff while you are out. You can be fired at any time without cause while on short-term disability.
Why Can You Be Fired While On Short-Term Disability?
1. Business reasons
The most common reason for being fired while on short-term disability is due to business reasons. Your employer may have received a larger-than-expected order and needs you to work overtime or make up the difference in your absence. If they don’t need you, they can fire you and hire someone else to do the work. Alternatively, perhaps one of your coworkers decided to quit and your employer wants to replace him with someone else. This is a pretty common way that people are fired while on short term disability, as employers will often hire new employees before an employee who is out on medical leave comes back to work.
2. Poor attendance record
Another common reason for being fired while on short-term disability is due to your attendance record or punctuality issues. If you are frequently late or miss too many days of work, it could be grounds for dismissal while on short-term disability leave (or even after you return). Too many unexcused absences or tardiness can be enough to get you fired.
3. Poor performance
Another common reason for being fired while on short term disability is due to poor performance or not being able to do your job properly. If you are unable to do your job because of your illness or injury, it could be grounds for dismissal. For example, if you have injuries that prevent you from lifting heavy objects, but cannot perform a light duty position either, then you may find yourself without a job after returning from leave.
4. Poor attendance
Another common reason for being fired while on short term disability is due to poor attendance. If you are absent from work without a valid reason too many times, you may find yourself without a job when you return.
5. The employer’s financial situation
Another common reason for being fired while on short term disability is due to the employer’s financial situation. If your employer has lost money and needs to lay off employees, they will often go after the ones who are out sick or on short term disability leave first. This gives them some extra time to find a replacement before you come back to work.
6. Turnover
Another common reason for being fired while on short term disability is due to turnover. If your company is experiencing a lot of turnover, they may decide to lay off those who are out sick or on short term disability leave first before going after the full-time employees. This gives them some extra time to find a replacement before you come back to work.
7. Cost savings
Another common reason for being fired while on short term disability is due to cost savings. If an employer can save money by laying you off and hiring someone else, they will often do so without any hesitation. For example, if an employer decides that they need someone who can lift heavy objects and you cannot, then they may fire you and hire someone else instead. In this situation, they will save money by not having to pay you when you are unable to work because of your injury or illness and instead pay the new employee who can do the job (as long as he or she is willing to do it the way the company wants).
8. The employer’s needs
Another common reason for being fired while on short-term disability is due to the employer’s needs. If your employer needs someone who can lift heavy objects and you cannot, then they may fire you and hire someone else instead. In this situation, they will save money by not having to pay you when you are unable to work because of your injury or illness and instead pay the new employee who can do the job (as long as he or she is willing to do it the way the company wants).
How Can You Protect Yourself From Being Fired While On Short-Term Disability?
1. Be honest with your employer
The first thing that you should do is be honest with your employer. If you are on short-term disability leave, then you should tell them that and not try to hide the fact that you are on short-term disability leave. If they know you are on short-term disability leave, then they will be less likely to fire you because of it.
2. Take all the time that is available to you
Another thing that you should do is take all the time that is available to you while on short-term disability leave. In other words, if your employer has given you a certain number of days off for being on short-term disability leave, then take those days off and don’t try to come back before then because this may trigger a termination. For example, if your employer has given you one week off for being on short-term disability leave but then tries to send someone to your place after just two days because they need someone who can lift heavy objects, then this may trigger a termination.
3. Don’t do anything that triggers a termination or other negative actions by your employer
Another thing that you should do is not do anything that might get your employer to fire you. This means not calling in sick, not being late, not showing up to work if you are sick, or not taking any time off of work because of an injury or illness.
4. Report any attempts to fire you
If your employer tries to fire you for being on short-term disability leave then report it to the proper authorities such as the Disability Law Center and/or the Equal Employment Opportunity Commission (EEOC).
5. Take notes about everything that happens during short-term disability leave
If you are on short-term disability leave, then take notes about what is happening at work during your time off and any other events that happen to you while you are gone. For example, if your employer tells you not to call in sick because they might terminate you if they know that you are on short-term disability leave, then take notes about this conversation and be careful not to call in sick even though it is not against the law for an employer to fire a worker for being on short term disability leave.
6. Bring a friend or family member with you when going to work after being on short-term disability leave
Another thing that you should do is bring someone with you when going back into the workplace after being on short-term disability leave. This person can act as a witness if there are questions asked by your employer or by anyone else at the company about why you were absent from work. This person can also be a witness to any firings or other negative actions by your employer.
7. Keep copies of all documents related to your short-term disability leave
Another thing that you should do is keep copies of all documents related to your short-term disability leave. For example, if you get a letter from the company saying that you have been terminated because they were worried about losing money or some other reason then take notes about this letter and keep a copy of it as well as any other documents related to the termination.
Conclusion
Unfortunately, many employees never realize just how important short-term disability coverage is until they need it. When you are unable to work due to an illness or injury, short-term disability coverage can provide a financial safety net. This type of insurance replaces a portion of your income when you are unable to work for a specified period of time because of illness or injury.
