Can You Get Fired While on Short-Term Disability?

10/17/20251 min read

blue and white no smoking sign
blue and white no smoking sign

Introduction

Short-term disability (STD) is an employee benefit that provides a portion of your salary when you are unable to work for a temporary period due to a medical condition, injury, or illness. While taking leave under a short-term disability policy can offer crucial financial support, many employees often worry about their job security during this time. Concerns about getting fired while on leave can create added stress, making it essential to understand your rights and protections.

Legal Overview

It's important to clarify that job protection under short-term disability is different from the protections provided under the Family and Medical Leave Act (FMLA). FMLA offers certain employees the right to take up to 12 weeks of unpaid leave for qualifying medical reasons, with job protection during that time. On the other hand, short-term disability policies do not universally guarantee job protection. As a result, employees may find themselves in a vulnerable position regarding their employment status while on leave.

When You Can Be Fired

Understanding when you can be terminated while on short-term disability is key. Several specific scenarios might lead to termination, even if you are on leave:

  • Company Layoffs: In cases of financial difficulty, companies may reduce their workforce, leading to layoffs affecting those on short-term disability.
  • Misconduct: If an employee engages in misconduct—such as violating company policies or engaging in illegal activities—this could result in termination regardless of their disability status.
  • No FMLA Protection: Remember that if you are not covered under FMLA, your employer may not be legally obligated to hold your job for you, which unfortunately opens the door for termination.

In conclusion, while taking short-term disability leave can provide essential support during challenging times, it does not come with absolute job protection. Employees should consult their company's policies and consider discussing their rights with human resources or legal counsel to fully understand the implications of their specific short-term disability benefits. Being informed can help alleviate some concerns and empower employees to navigate their rights effectively.