Long-term disability (LTD) benefits offer critical financial support if you cannot work due to a serious illness or injury. But what happens to your job while you’re on long-term disability? Will your employer hold your position? And what protections do you have against wrongful termination while on disability leave?
In this blog, we’ll walk you through what to expect when you go on long-term disability, how it affects your employment, and the legal protections you have in place. We’ll also cover common concerns, such as how long you can stay on LTD before facing termination and what to do if you believe you’ve been wrongfully terminated.
Understanding Your Long-Term Disability Benefits
LTD benefits are typically provided through employer-sponsored insurance plans. If you have a serious medical condition that prevents you from working, LTD benefits allow you to receive a portion of your salary, generally between 50% to 70%, depending on your plan. This financial support helps you manage your expenses during periods when you’re unable to work.
However, it’s important to understand that receiving LTD benefits doesn’t necessarily protect your job. The insurance policy that provides LTD is separate from your employer’s obligations under employment law. Many employees mistakenly believe that as long as they receive LTD benefits, their job is guaranteed, but unfortunately, this is not always the case.
Can Your Employer Terminate You While on Long-Term Disability?
One of the biggest fears for employees on LTD is the risk of losing their job. While your employer cannot legally fire you just because you’re disabled or receiving LTD benefits, they may still attempt to terminate your employment if they claim you are unable to perform your job duties.
The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) protect employees with disabilities by requiring employers to provide reasonable accommodations. This could include extended medical leave, adjusting your job duties, or allowing you to work part-time upon returning to work. But if your employer can demonstrate that accommodating your disability creates an “undue hardship” for their business, they may try to justify termination.
What You Should Know When You Go on Long-Term Disability
When you go on long-term disability, here are some key things to keep in mind:
- LTD Benefits Don’t Guarantee Job Protection: Even though you may be receiving long-term disability benefits, this doesn’t automatically mean your job is secure. Your employer has obligations under federal and state laws, such as the ADA and FEHA, but your job isn’t guaranteed for the duration of your LTD benefits. Be sure to understand your company’s policies and know your legal protections.
- You Have a Right to Reasonable Accommodations: Under both federal and state laws, your employer must work with you to find reasonable accommodations that allow you to return to work. This might mean modifying your work schedule, adjusting your job duties, or providing additional leave. But your employer doesn’t have to keep your job open indefinitely, especially if they can show that your absence is causing significant difficulty for the business.
- Protection Against Disability Discrimination: Employers cannot fire you simply because you’re disabled or receiving LTD benefits. If they do, it could be a violation of the ADA or FEHA, and you could be entitled to file a wrongful termination claim.
How Long Can You Stay on Long-Term Disability Before Being Terminated?
One of the most common questions employees have is, “How long can I be on long-term disability before my employer can terminate me?” Unfortunately, there is no one-size-fits-all answer to this. The length of time you can stay on LTD depends on your specific situation—such as your health, your ability to perform essential job functions, and your employer’s capacity to accommodate your disability.
Your employer is required to explore accommodations and alternatives before terminating your employment, but they are not obligated to hold your job forever. If, after reasonable accommodations, you still can’t perform the essential functions of your job, your employer may argue that they have legal grounds to terminate your employment. But this process must be done in compliance with the ADA and FEHA.
What To Do If You Believe You’ve Been Wrongfully Terminated
If you’ve been terminated while on long-term disability, it’s important to understand your rights. You may have been wrongfully terminated if your employer did not comply with their legal obligations to accommodate your disability or if they fired you purely because of your medical condition. Both federal and state laws provide strong protections against disability discrimination.
If you suspect your termination was illegal, it’s essential to consult with an experienced employment attorney who can assess your case, advise you of your rights, and help you determine your next steps.
Why You Should Consult Bibiyan Law Group
If you’re facing long-term disability and are worried about your job security or believe you were wrongfully terminated, the Bibiyan Law Group is here to help. Our team of experienced employment attorneys in Los Angeles, California specializes in representing employees who have been terminated or discriminated against due to disability.
We understand how difficult it can be to deal with disability benefits and job insecurity at the same time. We’re committed to fighting for your rights and ensuring that you’re treated fairly under the law.
Call to Action (CTA)
If you believe your employer has wrongfully terminated you while you were on long-term disability, contact Bibiyan Law Group for a free consultation. Our employment attorneys will review your case, explain your rights, and help you pursue justice. Don’t let your employer take advantage of you—call us today or visit our website to learn more about how we can help protect your job and your rights.
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