Can I Be Fired If My Short-Term Disability Is Denied?

Denied Short-Term Disability: Can Your Employer Fire You?

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Do you have a disability that has caused you to be unable to work? If so, you may wonder whether you should seek disability benefits, and if so, what type. As you may already know, depending on your particular circumstances, multiple types of benefits may be available, including Social Security disability benefits, as well as long-term or short-term disability benefits, if your employer offers those.

If your condition is one that will likely resolve in a year or less, you may be interested in pursuing short-term disability benefits. You may have a variety of questions about those benefits, though, and that’s understandable. One question we’re often asked is – can I be fired if my short-term disability is denied? Let’s take a closer look at the law together.

What is Short-Term Disability?

Short-term disability is insurance that is intended to replace a portion of your income when you are unable to work as a result of a temporary illness or injury that is expected to resolve in less than a year. Some examples of conditions that may be covered by short-term disability include recovery from surgery, healing from a broken bone, childbirth, and other similar conditions that may have significant symptoms for the short-term, but that are also expected to resolve within a relatively short period of time. Typically, short-term disability replaces around 50 to 70% of an individual’s income while they cannot work, although policy terms will vary. Often, short-term disability policies are provided by employers, though they can also be obtained privately.

How Do You Pursue Benefits?

If your employer provides your short-term disability policy, the human resources officers at your place of employment should be able to inform you of the conditions of the policy and how you should make your claim for benefits. Often, this will involve gathering sufficient medical evidence of your condition and its impact on your daily life, presenting it to the insurer, completing any necessary paperwork, and providing other required information.

After the insurer reviews the evidence that you present along with your application, they will render a decision on your claim. If your claim is approved, benefits will likely begin shortly thereafter. If your claim is denied, you may wish to appeal the denial. This is a decision you should make in consultation with your attorney to be certain you are best pursuing and protecting your rights.

What if Your Claim is Denied?

If your claim for short-term disability benefits is denied, the insurer will typically inform your employer of the denial. At that point, your employer may reach out to you to find out when and if you will be returning to work. If you inform your employer that you cannot immediately return to work, there is a possibility that your employer could accuse you of what is known as “job abandonment.” Typically, job abandonment is failing to show up for work without a valid excuse. If short-term disability benefits are denied, an employer may try to make this claim if the employee does not return to work.

It’s important to understand that declining to return to work may not always result in automatic termination. Depending upon your circumstances, you may be covered by the Family and Medical Leave Act, or FMLA, for short. Generally, FMLA applies to employers with 50 or more employees within a 75-mile radius and to public agencies, schools, and most federal employees.

If you have approved, unexpired leave under FMLA, you may take that leave without fear that you can be terminated for job abandonment. In other cases, you may be able to seek protection under the Americans with Disabilities Act or other applicable local, state, or federal laws.

It’s important to realize, however, that FMLA does not last indefinitely, and in certain situations, other protections may not apply. If your short-term disability request is denied and you ultimately decide not to return to work, your employer could have the right to terminate your employment. Ultimately, if you have questions about your specific situation, it’s best to contact an attorney who understands the law and can provide you with personalized advice.

Muse Disability – Here for You

When you are struggling with a disability that has rendered you unable to work, any benefits that may relieve financial stress are probably tremendously important to you. After all, being unable to work doesn’t make bills stop arriving – and this can be very stressful. At Muse Disability, we understand that – and it’s why we’re here to help. We know and understand every aspect of the law about disability benefits, and we’ll always pursue the best legal strategies on your behalf as you seek the benefits you need and deserve. If you’re ready to get started, give us a call today. We look forward to helping you soon.

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