You may have gotten injured on the job or otherwise experienced a catastrophic accident that has limited your ability to execute your job functions fully. Or, you may have received a devastating medical diagnosis that requires your full-time attention to treat. Whatever your specific case may be, this may be a difficult time, when the last thing you want to worry about is losing your employment status. That is, you may not want your temporarily collecting Social Security Disability Insurance (SSDI) benefits to jeopardize your long-time standing in your workplace. Well, continue reading to learn whether you can be fired while on leave with disability and how an experienced New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can help fight for your job security.
Can I be fired from a job while on leave with SSDI benefits?
Notably, the federal law known as the Family and Medical Leave Act (FMLA) is in place to protect you in the exact instance when you are on leave with SSDI benefits. Essentially, the FMLA may allow you to benefit from 12 weeks of unpaid annual leave to attend to your medical issues or aid an immediate family member with medical issues. This is so long as your employer has 50 or more employees within 75 miles of one another. Also, you must have worked for your employer for at least one year, with at least 1,250 hours being worked in the preceding year.
Further, while the FMLA is an unpaid annual leave program, you may receive SSDI benefits while using it. Then, your employer must welcome you back into the workplace after using it, so long as you do not use more than the allotted 12 weeks.
It is also worth mentioning that the state of New Jersey enforces the New Jersey Family Leave Act (NJFLA), which may offer more generous policies regarding unpaid annual leave than the federal FMLA.
What other job protections am I afforded while on leave with SSDI benefits?
Another federal law that may be on your side is the Americans with Disabilities Act (ADA). This Act holds that your employer cannot fire you due to your incurred disability. In fact, they are expected to make reasonable accommodations for your disability upon your return to your former position or one that is substantially similar, after you have exhausted your unpaid annual leave. This is so long as such accommodations do not cause an undue hardship for your employer.
Lastly, you may be hesitant to promise your return to the workplace if you are unsure of your current capabilities with your incurred disability. Well, you may rest easier knowing that the Social Security Administration (SSA) offers a trial work period. This program may allow you to test your ability to work for nine months while still receiving SSDI benefits.
At the end of the day, if you require immediate legal representation, look no further than a skilled New Jersey SSDI benefits lawyer. Someone at The Law Offices of Sheryl Gandel Mazur will happily work with you.
