How do I claim unemployment if I am terminated while on disability?
Becoming disabled and being unable to accomplish day-to-day tasks can be a living nightmare for many individuals whose only source of income is their job. You’ll have to deal with numerous problems in order to live a normal life while on disability leave. However, being dismissed from work when you’re on disability leave has advantages over other types of leave. Job loss is another layer of anxiety and stress, which may slow down your recovery.
However, when you cannot continue work due to disability, with the help of disability insurance, you can avail a certain amount of compensation. This will pay a portion of your income for a certain period depending on your disability condition, whether short-term or long-term. With this, you can lower your financial strain while on disability leave. Disability insurance is simply there to assist you in covering a certain amount of your income when you are unable to work due to an accident or illness. It does not guarantee that you will keep your job.
What are FMLA and ADA and how can they help?
There are times and circumstances when certain federal and state rules safeguard employees from getting terminated while on disability leave. Essentially, if you are unable to continue performing duties owing to an illness and have taken a few days off, you can be kept on the payroll under these regulations and save your job.
The Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) offer job protection for those with disabilities. The ADA protects you from discrimination at work and also requires employers to provide reasonable accommodations for your disability.
The FMLA, on the other hand, allows you to take unpaid leave for a certain period of time without the risk of losing your job. You are also entitled to health insurance coverage during your leave.
To be eligible for FMLA, you must have worked for your employer for at least 12 months and have at least 1,250 hours of service in the last 12 months. You are also only eligible if your employer has 50 or more employees within a 75-mile radius.
Meanwhile, the ADA applies to all employers with 15 or more employees.
Under the ADA, you are protected from job discrimination based on your disability. This means that your employer cannot fire you simply because you have a disability. They are also required to provide reasonable accommodations for your disability.
To be eligible for protection under the ADA, you must have a mental or physical disability that significantly limits a major life activity. You must also be able to perform the essential functions of your job with or without reasonable accommodation.
Both the ADA and the FMLA can help you keep your job while on disability leave. However, it is important to note that these laws do not guarantee job security. They only provide protections and benefits that can help you while you are on leave .
Collecting unemployment benefits after being terminated while on disability
There are several criteria that must be met in order to obtain unemployment depending on the length of absence or the severity of the disability. If you are on short-term disability leave, if you are laid off, or if you quit your job for any reason and wish to collect unemployment benefits, you can do so as soon as your temporary disability leave has ended. You may not be eligible to manage your unemployment compensation until you return to work and fulfill all employment criteria.
The unemployment aids will not apply if an individual has a long-term disability that will prevent him or her from ever fulfilling job requirements. It is important to note that an employer does not have to hold the job open for an employee who is on long-term disability leave.
The eligibility criteria for unemployment benefits vary from state to state. It is advisable that you check with your state’s unemployment office to learn about the specific requirements.
Generally, to qualify for unemployment benefits, you must fulfill criteria. It includes:
- Be unemployed through no fault of your own;
- Meet your state’s earnings and work history requirements;
- Be able and available to work;
- Be actively looking for work;
It is important to note that collecting unemployment benefits while on disability leave can affect your Social Security Disability benefits. If you are receiving both unemployment and Social Security Disability benefits, your Social Security Disability payments may be reduced.
To avoid a reduction in your benefits, you should notify the Social Security Administration as soon as you begin collecting unemployment benefits. You can do this by contacting the Social Security Administration.
Even when receiving disability, taking long periods of time off from work to recover can be difficult for your family if you are the only source of income. While recovering at home, various thoughts may enter your mind, such as when will I be able to go back to work and what is my employment situation going to be like? You may explore other legal choices relevant to your situation by filling a complaint with the Equal Employment Opportunity Commission (EEOC).
Therefore, it may be beneficial for you to book a free consultation with an unemployment appeal lawyer to discuss all details of your case. An experienced lawyer will assess your situation and give you the best chance to win unemployment benefits.