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If any employee goes on short term or long term disability, can their employment be terminated?

I am a salary exempt employee and I have been putting off short term disability for a broken back for over a year now because I am afraid that my employer may try to terminate my employment. Indiana is an at will State. If I am following guide lines for short term disability, could they terminate me anyway? I have a hard time trusting this company due to having many new management people including HR people.

Public Comments

1. No, you are guaranteed 'a' job back at your company after short/long term disability. However, I believe there are time restraints. I suggest you read your company handbook thoroughly so that you can understand your rights.
2. I live in Nevada " a right to work state " I know two people terminated who were on short and long term disability
3. They wouldn't be able to terminate your employment while out on short term disability unless they can prove that you lied about the disability. However, they can terminate your employment at any time and for any reason when you return from disability.
4. You should not be fired for that reason. However, companies can play politics like to change position. Then your job is doomed. Many companies have feelings of employees taking advantage of their benefits. So, if it gets too much or too long. They do not want to pay any more. Plus, if your position is not as important, they can make any excuse to get rid of you when you come back. For example, they will say, the position is no longer needed. Then they could move another person to do your job for a year. Then re-hire your position. It is legal gap or loop hole. Basically, you can't sue them for doing that. However, if they fire you because you are on short or long term disability, you can sue them. But I don't think the HR people are stupid enough to do that. Believe me, HR people are smart when it comes to money, manipulate people
5. My son-in-law was injured on the job (slipped, fell and really hurt his back) and went on short term disability. He was 'guaranteed' by the HR dept that he had his job saved. When he walked in after he healed, he was greeted by his supervisor telling him to just turn around and leave as he is now terminated. They can't touch you as long as you are on disability, but the moment you return, watch out!! If they want you gone, they will find even the smallest reason to let you go. PS -- he legally fought the firing and lost -- it was AOL !!!
6. I don't believe they can terminate you while you are on disability. The issue should be why did you wait if you have a broken back? They could terminate you due to deceit on your part as you did not take the disability when this happened. Since I am not familiar with your states laws, you could check with an attorney or disability advocate to see what your rights are.
7. I think that companies with less than twenty employees are not required to hold an employee's job. Even then, it may be that a job has to be held for an employee but not the same job. (can be demoted...)