Can You Be Fired While on Disability in NY?

Understanding Disability and Employment Rights

Several conditions may put you on the disability plan in a workplace set-up. This includes chronic illness, environmental factors, mental illness, among many other conditions. New York uses a set of state and federal laws that protect workers who happen to have a disability. So can you be fired while on disability in NY?

If you are one of those individuals who question whether an employer can fire an individual on disability, this article takes a look into the legal perspectives surrounding the issue can you be fired while on disability in NY.

Can You Be Fired While on Disability in NY?

The answer to the question above depends on many factors. The reason behind it, while workers on disability in NY come under state and federal laws, these laws do not fully exempt the possibilities of being fired. You can easily learn whether your dismissal is lawful or you should sue your employer by learning regulations around this matter.

Employers cannot legally fire a disabled worker because of taking a leave or because they need accommodation. But some reasons like poor performance, violation of company policies and if the company is downsizing are allowed.

Key Laws Protecting Employees on Disability Leave

Here are some regulations that determine the fate of employees on disability.

Family and Medical Leave Act (FMLA)

FMLA w grants eligible workers leaves of absence of up to 12 weeks in a 12-month period. However, to be eligible, you need to have at least one year of service for the current employer, covered at least 1,250 hours in a year, and the company which you are working for needs to have at least 50 employees within a 75-mile radius.

Americans with Disabilities Act (ADA)

ADA provides employees with disabilities reasonable accommodations unless it is an undue hardship to accommodate the employee. Examples of reasonable accommodations may include modified schedules, adaptive equipment, or additional time off.

While an employer is not allowed to fire workers with disabilities solely because of their limitation, they can do so if the employee is unable to function properly in their role.

Can an Employer Fire an Employee on Disability Leave?

Legal Grounds for Termination

There are some circumstances under which an employer can fire someone on disability leave. The first of these is poor performance that preceded the employee’s taking of a disability leave, and was unrelated to the employee’s disability. Maybe the worker has been absent from work, shows up late without a good reason, or spends so much of his/her time doing nothing instead of working. Note that this does not apply if the worker is unable to work due to pain resulting from the disability.

A company is within the law to let go of a worker on disability if it’s restructuring. It could be that the company is downsizing due to economic issues, forcing it to have a wide layoff of workers, but there should be proof. In the same light, if an employee on disability constantly violates workplace policies, they can be fired. Employers must document legitimate reasons for termination to avoid accusations of wrongful termination.

Situations Considered Wrongful Termination

Wrongful termination is when an employee is fired for reasons that are against their legal rights. Examples include:

• Termination based on needs for medical care while on leave
• Firing an employee simply because they receive disability benefits
• Retaliating against an employee for requesting accommodation or exercising FMLA rights

Employees who face wrongful termination may take legal action.

What Happens if You Are Fired While on Disability Leave?

If you are fired, you may either choose to file claim against your employer, or get into agreement terms with them as follows.

Financial and Legal Implications

Workers fired during disability leave are in some cases entitled to the cash benefits either under the short-term or long-term disability insurance. The New York workers compensation board may also help in addressing the violations of the rights and receiving the entitled benefits appropriately.

Filing a Claim or Seeking Legal Help

Employees whose termination was wrongful should review their employment records and termination paper work. If you suspect ADA violation relating to employment, then file a claim with the Equal Employment Opportunity Commission (EEOC). We urge them to contact an employment attorney to find out if they have a case, and if so, what their legal options may be.

Returning to Work After Disability Leave

Transitioning Back to Work

There can be a coordination with the employee and the employer to return to work after disability leave. Under FMLA and ADA (the disabilities act), employees must be reinstated to their role or equivalent role. Employees should communicate to return to work and supply, if possible, proper medical documentation.

Accommodations and Challenges

Return-to-work challenges may include continued medical care needs or inability to perform certain tasks. Employers are required to provide reasonable accommodations, such as modified duties or flexible scheduling, unless it presents an undue hardship.

Conclusion: Protecting Your Rights While on Disability Leave

While several bodies like ADA and FMLA protect employees with disability leave in New York, employers can still sustain grounds for termination of employment. In this respect, knowledge of these rights will help employees protect themselves and assert their rights in case of any violation. If you have difficulty or suspect wrongful termination, seek the legal advice of a professional attorney to protect your interests.

If you’re interested in learning more, it’s important to contact a NY disability attorney to ask further questions on the topic!