Worker in a wheelchair receiving disability.

Becoming disabled to the point where you are unable to perform essential duties of your task is scary on a number of levels. Y'all are dealing with a whole new set of restrictions on your ability to go through the normal activities of everyday life. Additionally, the thought of your chore being in jeopardy considering of your inability is a whole other added level of stress. Unfortunately, there is a possibility of being terminated while you are on disability.

In that location are both federal and state protections in identify that may protect you lot from having your employer fired from your job. In some instances, these laws will protect your job while you lot are on your get out of absence. For instance, the Family unit Medical Leave Act (FMLA) provides upwardly to 12 weeks of unpaid, job-protected leave for eligible employees on temporary disability. The employee must be working for a covered employer and will not exist protected for longer than a 12-week absence.

Alternatively, the Americans with Disability Human activity (ADA) could protect your job while on disability leave. Despite these protections, however, at that place are endless means your employer may still exist inside their legal rights to end you while yous are on disability. Should this happen, yous will most likely want to seek unemployment benefits.

Tin I Collect Unemployment If I Am Terminated While On Disability?

If y'all are terminated while on disability, you may be able to collect unemployment. Nonetheless, as long every bit you are unable to perform your chore duties, you will be unable to collect unemployment benefits. All 50 states have the same requirements for a person to be eligible for unemployment compensation. Showtime, the individual must exist physically able to work. 2d, the person must available for duty. Third, the person must exist actively interviewing for jobs.

In most cases, those who are terminated from employment while out on curt term disability will be able to get on and receive unemployment benefits. This is because they are likely to recover from their disabling status sooner rather than later and, therefore, be able to perform their job duties. Those who are terminated while on long term disability, however, may remain unable to work. Considering of this disability to retain substantially gainful employment due to inability, a person would exist unable to collect unemployment.

Should yous be terminated while on disability and exist eligible for unemployment benefits, you should file for these benefits every bit soon as yous recover. Because the corporeality of wages you earned in the year you seek to collect benefits may exist afflicted by your disability leave, you may be able to use an alternating base year. The alternating base yr set by your date of disability volition allow you to authorize for unemployment benefits based on what you lot fabricated in a normal yr that was non affected by your inability.

Inability Chaser

Disability Advocates is here to advocate on behalf of the disabled. Should y'all be terminated while on disability, talk to usa about your options. We are happy to review your benefit options so that y'all can continue to receive the necessary financial support. Contact us today.