termanation while out on short term disability

This would appear on its face to be in violation of the Family and Medical Leave Act, which entitled you of up to twelve weeks in a twelve month period of unpaid leave while they hold your job.  However, you have to invoke the FMLA - that is you must tell your employer that you are taking FMLA leave in order for your rights under the law to kick in. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.