Did you know that around 5% of American workers experience some kind of short-term disability each year?
When individuals cannot perform their jobs due to an illness or another condition, their incomes might be affected, causing financial constraints and stress.
In these cases, short-term disability benefits allow employees to receive a sum of money while they are on leave.
However, people wonder what happens when an employer terminates their employment agreement. One of the most common questions is “Does short-term disability continue after termination?”
Naturally, employees worry about their status and how it affects their eligibility for this benefit.
In this article, the legal team of Pinyerd Law answers this intriguing question: “Does short-term disability continue after termination?”
Understanding Short Term Disability Insurance
To start with, let’s see what exactly short-term disability insurance is.
A short-term disability insurance (STD) is a financial benefit for employees who are out of their jobs due to a temporary medical condition. This benefit represents a percentage of an employee’s salary.
Some of the most common conditions to ask for a short-term disability claim are:
- Accidents
- Pregnancy
- Surgery recovery
- Cancer
- Digestive disorders
- Mental health problems
- Musculoskeletal disorders affecting the spine, knees, shoulders, and hips, among others
The keyword here is “temporary”. Short-term disability insurance covers medical conditions that employees will recover from.
Short-term Disability vs. Long-term Disability
Along with STD, another typical disability benefit for employees is long-term disability insurance (LTD). However, the main difference rests in the duration of the benefit.
The short-term disability benefit typically lasts for some months, up to 12 months, while long-term disability may last longer, even until an individual’s retirement.
We can also find Social Security Disability Insurance (SSDI) for individuals who can prove they are no longer able to work due to a medical condition.
If your SSDI claim was denied, our lawyers can help you understand why and how to appeal.
You can also read our article to know if you need a long-term disability lawyer.
Can Your Employer Terminate You Because of Your Disability
Unfortunately, the answer is yes: Your employer can fire you even under STD, but there are conditions.
The disability or getting disability benefits are not reasons for the termination. Under certain laws, such as the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA), firing an employee for reasons related to a disability is unlawful.
But if your employer terminates you due to other reasons, that’s a different story. Your employer might terminate you because of layoffs or performance issues before the disability.
Does Short Term Disability Continue After Termination
Short-term disability benefits do not necessarily finish with your job termination.
If you are still eligible for the benefit, some plans allow you to receive the short-term disability benefit even if you are fired.
Understanding the policy terms of your STD is important to know what to do in this situation. In any case, you can always talk with a disability lawyer to understand your rights.
How Can Disability Lawyers Help You?
Disability lawyers can help you with your short-term disability claim in many ways:
- Clarifying Legalese: Sometimes, insurance companies state policy terms in complicated ways. Lawyers understand the jargon and complex terminology, and they will explain the situation in simple terms.
- Gathering Evidence: Many claimants fail to present enough compelling evidence to back up their disability claims. Lawyers help you collect the information needed to fill in a compelling and complete case.
- Litigating and Appealing: In the case of the denial of your claim, skilled lawyers can guide and represent you during the appeals process.
Working with professionals in disability law is important to get the benefit approval, and protect your rights against termination if needed.
Frequently Asked Questions (FAQs) on Short Term Disability Insurance
1) Can I be fired if I’m on short term disability?
Yes, unfortunately, an employer can fire an employee even on short-term disability, but the disability cannot be a reason for termination. Other reasons might be valid, as long as they are not related to the disability or getting the benefit.
2) How to apply for short term disability benefits?
To apply for short-term disability insurance, it is necessary to notify your employer and the human resources department. Then you will complete a form and include the medical evidence as requested. After that, submit the claim, and you will wait until the review and eventual approval. The benefits vary depending on the case.
3) How long does short-term disability insurance last?
Although it depends on your company policy and the terms of the insurance company, as well as your specific condition, short-term disability benefits last between 6 and 12 months.
Short Term Disability Insurance and Termination
Job termination while being on short term disability is a possibility.
If you’re facing termination and dealing with temporary medical conditions, asking for legal advice is the best you can do.
Our disability lawyers at Pinyerd Law are always ready to guide you in understanding your rights and filing a claim for a disability benefit.
Claim Analysis: We analyze and assess your situation and explain it to you in simple language and provide clear indications on how to proceed.
Evidence Collection: We help you gather the necessary medical evidence to present a solid claim.
Fighting For You: We have experience in litigation, and we are ready to represent you if your claim is denied.
If you’re looking for a disability law firm that can help you with your short-term disability insurance claim, contact Pinyerd Law today.
