Does my employer have to save my job?

I'm currently out of work on disablity incurance The incurance is a benefit i pay for through work.I am out due to a mental health issue. I am allowed 26 weeks of paid leave. does my employer have to hold my job for me? Can I be fired if i extend my leave past 26 weeks?

2 answers  |  asked May 26, 2010 07:40 AM [EST]  |  applies to Pennsylvania

Answers (2)

Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, Harold is exactly correct. In my experience, 'short term disability insurance' provided by employers tends to be illusory - employees on disability tend to be terminated and their benefits terminated as well.

If, however, you are being treated differently than other employees with a disability because your disability is a mental health issue, or if you are being treated differently than other employees in the terms and conditions of your leave because of your gender, race, religion, age 40+, etc., you may have a discrimination claim.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  May 26, 2010 1:07 PM [EST]
Harold Goldner
You have not indicated whether your employer has at least 50 employees within a 75 mile radius (which would make that employer subject to the Family & Medical Leave Act), however, even the FMLA's benefits are limited to a twelve (12) week period.

The employer must hold your position for a period of up to twelve weeks for a serious health condition.

After twelve weeks, the employer is *not* obligated to hold your job.

posted by Harold Goldner  |  May 26, 2010 07:45 AM [EST]

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