QUESTION

i had to go on short term disability a month ago, and was teminated today still on std can they do that?

Asked on Feb 24th, 2017 on Labor and Employment - North Carolina
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
Yes. Short or long term disability is simply an insurance payment to you when you cannot work. Being on short does not protect your job.  The only law that protects you job if you are unable to work is the Family and Medical Leave Act (FMLA).  Now, if you were terminated based on absences that are covered by the FMLA, that would be unlawful.  There are several requirements to be FMLA covered including, but not limited to, you employer must have 50 or more employees, you must have worked at least 12 months for the employer, you must have worked at least 1250 hours in the 12 months immmediately preceeding the leave and the termination must be due soley to the absence and not some other factor.
Answered on Feb 25th, 2017 at 5:22 AM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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