Legal Question in Disability Law in Pennsylvania

Terminated when placed on long term disability

I was out of work on Short Term Disability for a medical condition. My doctors have not cleared me to return to work due to a subsequent hospitalization and residual physical problems. My employer submitted paperwork for Long Term Disability under the company's LTD policy and it has been approved. However, I have been advised that I am being terminated as of the date of my first day of LTD. In addition, I will have to COBRA my medical insurance coverage starting the first of next month.

I asked my employer if I would be able to return to work when I am cleared by my doctors and was told that, if there was a position available, I could be considered.

Is it legal for my employer to terminate me? I thought LTD insurance was help for a period of disability while employed - it is not a permanent paycheck.


Asked on 4/07/06, 4:47 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Terminated when placed on long term disability

Let me make this clear, YOU NEED AN ATTORNEY to review the specific circumstances in you case.

Generally a person is entitled to use accumulated sick leave and then is eligible to take up to 12 weeks of unpaid leave under the Family Medical Leave Act. Exactly how that act is implemented at a company leaves some discretion to the employer, but no much. Other statutes such as the Americans with Disabilities Act or the Rehabilitation Act may also have a bearing on this matter. There are many other areas to be examined but I don't have enough information with which to work yet.

The question remains as to what caused you to be out and when can you return or what will allow you to return?

Whether you were out for a critical condition that has an known or knowable tangent or for conditions related to a disability will each bring different answers depending on the employer and the condition.

You should contact me or another attorney immediately to discuss the matter. It is possible that some education about the requirements of the laws from an attorney will help your employer avoid a potential problem.

Regards and best wishes,

Roger Traversa

email: [email protected]

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Answered on 4/07/06, 5:58 pm


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