Can I be laid off while I am disabled without being given the disability benefits my employer provides?

I have cancer and have been undergoing weekly chemo and daily radiation, with an average of 2 doctors appointments a week. I will be having surgery sometime this summer but don't have a firm date, but have notified my employer. They have been VERY flexible and because of this I can still work.

Basically I can work 50-75% of my hours from home and work around all of my appointments/treatments without using up my days off. They provide me with disability insurance that gives me 75% of my salary and full benefits for 14 weeks and then 60% of my salary after that (long term). The only reason I am working is because of how flexible they are, otherwise I would be on disability right now.

If I am laid off I will collect state disability which is 25% of my salary. I know layoffs are coming in the next month or so. I could go out on disability NOW and ensure I get my disability benefits.

Am I taking a huge risk or would my employer have to give me those even if they laid me off? Asked by Anonymous 33 months ago Similar questions: laid disabled disability benefits employer Health > Conditions & Diseases.

Similar questions: laid disabled disability benefits employer.

You can be laid off, but you may be eligible for FMLA rights. Since your employer agrees that you cannot work, it sounds like you may meet the definition of a serious illness preventing you from working. Here are the benefits of leave under FMLA:The following is a list of your rights and benefits as an eligible FMLA employee:12 weeks of unpaid FMLA leave in a 12-month period.

Continuation of group health benefits during FMLA leave. Restoration to the same or an equivalent job upon return to work. Retention of accrued benefits.

Protection from discrimination as a result of taking FMLA leave. Note: An employer may not take any adverse action against an employee for the taking FMLA leave; however, any personnel action/decision that would have happened if the employee had continued in a work status may happen while the employee is on FMLA leave. The following is a list of Valid Reasons for Leave.

If the reason for leave falls into one of these areas, and the employee is an eligible employee, the employee is entitled to the benefits of FMLA leave. Please select the one that describes your situation: Birth of a son or daughter to the employee and in order to care for such son or daughter. Placement of a son or daughter with the employee for adoption or foster care.

Family leave in order to care for a spouse, son, daughter, or parent of the employee if such spouse, son, daughter, or parent has a serious health condition. Serious health condition that makes the employee unable to perform their job. Sources: http://www.dol.gov/elaws/esa/fmla/vr.asp .

I think you are taking a big risk! Here is a discussion of being laid off while on disability:"Although your wife's employer cannot use her being disabled as a reason to terminate her, that does not mean that she gets to keep her job when everyone else is laid off. If the company can prove that she would have lost her job with or without her disability (and if they are laying off the entire division they can so prove) she can lose it even while she's off on disability.

Being on disability means she gets exactly the same rights as everyone else; she doesn't get additional rights. As far as insurance goes, assuming that her company has over 20 employees, every employee who is terminated for any reason except gross misconduct, which obviously does not apply here, has the option of keeping the same health insurance at their own expense. Warning: This does not come cheap.Be prepared for it to be several hundred dollars a month.

While I can't say for certain without seeing the disability policy, it is unlikely that being laid off will have any affect on it. In other words, if she's laid off, her disability benefits will continue. forum.freeadvice.com/hiring-firing-wrong...It" rel="nofollow">forum.freeadvice.com/hiring-firing-wrong... will, of course, depend on the company policy.

Sources: forum.freeadvice.com/hiring-firing-wrong... .

I don't believe they have to. I believe once you are laid off, you will only be entitled to State Unemployment Benefits for a limited time, and Cobra also for a limited time. In the new stimulus bill, I believe the government will now assist with 60% of your Cobra premium.

Sources: It's my opinion.

1 I would go on fmla, you are guaranteed that for 12 weeks, then file for disability with your company to ensure you get all the benefits you deserve and are entitled to. I know someone who has gone thru this.

I would go on fmla, you are guaranteed that for 12 weeks, then file for disability with your company to ensure you get all the benefits you deserve and are entitled to. I know someone who has gone thru this.

" "Can you receive unemployment benefits after your disability benefits end. " "i was on disability and release after 2 years can I go back to my last employer and get unemploymnet" "I used up all my unemployment benefits and now I am disabled and don't qualify for disability do I qualify for any help" "Is there a list anywhere of qualifying disability conditions to determine eligibility for ssi?

Can you receive unemployment benefits after your disability benefits end.

I was on disability and release after 2 years can I go back to my last employer and get unemploymnet.

I used up all my unemployment benefits and now I am disabled and don't qualify for disability do I qualify for any help.

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.