My employment was terminated after I filed the Short Term Disability and FMLA on 05/20/2016. I even received the call from the third party administrator that my Short Term Disability was terminated caused my employment was terminated. My question is "Is it allowed by law to terminate the Short Term Disability and FMLA caused the employment was terminated on the same day?" Should I talk to Human Resources about this but I was like my employment was terminated, is it a right choice?
Your employer is not allowed to terminate you because you filed for FMLA. Your job is protected if you worked for your company for at least one year and worked at least 1250 hours during the last 12 months.
As Mr. Lee said, you must determine if you were eligible for the FMLA in order to be covered by that law. You are eligible for the FMLA if you work for a "covered" employer and you have worked at least 1250 hours over the past 12 months for the employer. If you have worked less hours or months than the above then you are not eligible to receive FMLA benefits (12 weeks of unpaid leave). An employer is covered by the FMLA if they have 50 or more employees within a 75 mile radius.
If you were eligible then you are entitled to the protection of the law. The employer cannot terminate you for exercising your right to take FMLA leave. Call an employment law attorney in your area and run this by them. Best of luck, and sorry to hear about this issue.
The FMLA and Short Term Disability and your employment are actually two or perhaps three distinct areas of law, even though they arise out of the same facts and can be administered by the same administrator. If you are eligible for FMLA (your employer is of sufficient size, you worked enough hours over the past 12 months, etc. -- see atty Lee's response) then an employer who terminates you in violation of the FMLA may violate the FMLA. An an employment law attorney might be helpful in explaining your options. Short Term Disability ("STD") may be governed by the Employee Retirement Income Security Act of 1974 ("ERISA") (although not always) depending on how the STD plan is set up by your employer. If so, there is an administrator who can indeed terminate your benefits by concluding that you are no longer disabled, whereupon you have a period of time to appeal the termination. It is very important to timely appeal an ERISA denial or termination. You may wish to speak with an ERISA disability attorney before doing so. Finally, an employer who terminates you for some prohibited reason may give rise to any number of employment law claims, depending on the reason and the seriousness of the employer's conduct. Workplace discrimination, disability discrimination, age discrimination, and retaliation for exercising protected rights are a few examples.
Your short term disability is most likely based upon a contract. You need to check the contract to see what it says. Regarding the FMLA, if you and your employer meet the requirements for FMLA, you may have a lawsuit against your former employer. Check with an employment lawyer. You can find an employment lawyer who practices in the area of FMLA by going to the FL NELA website, going to your county and putting in the issue of FMLA.
Please understand that this answer does not create an attorney client relationship between us and I am not acting as your attorney without a signed retainer agreement. The information provided is general information only. Each case is unique to the factual circumstances surrounding it. I am licensed as a Florida attorney and in no other state.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline