Q. Our policy is to runand short-term disability (STD) concurrently. The is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. Can we terminate an employee at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end STD payments, since the employee has been terminated?
A. An employee’s job is protected for at least the 12 weeks of FMLA leave. If the employee has a disability under the ADA or state or local law, then additional job-protected leave might be required as a reasonable accommodation, depending on the employee’s individual circumstances.
As for whether the short-term disability payments end at termination, it depends on the terms of your short-term disability policy and whether it permits payments to continue after termination.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Pair of cases shows how you can legally use arbitration, but standards are high
- The right way to collect proof of FMLA need
- What's the difference between an independent contractor and an employee?
- Employee returning from FMLA leave? It's OK to ask about his ability to do the job