Legal Question in Disability Law in Tennessee
Termination while on STD
Can an employeer terminate an employee while the employee is on STD for maternity leave? Can the employeer stop paying the STD insurance premium while the employee is on STD for maternity leave?
1 Answer from Attorneys
Re: Termination while on STD
The answer may be that the employer is buying into a lawsuit by terminating an employee on STD leave. Generally, the Americans with Disabilities Act (ADA) is going to protect a worker with a disability from termination. That the worker is on STD leave, however, does not automatically mean that worker is disabled. In terms of cutting off the insurance premium payments, the employer may be exposing itself to further liability under the Family and Medical Leave Act or ERISA. In short, the employer needs to consult with an attorney with an extensive labor and employment law practice to work through these questions.