Can you lose your job on long term disability?

Asked by: Brielle Graham PhD  |  Last update: July 26, 2025
Score: 5/5 (73 votes)

Can Your Employer Terminate You While on LTD Benefits? Unfortunately, long-term disability benefits do not come with job protection. However, if you are receiving “Family and Medical Leave” (FMLA) benefits, you do have job protection for the period in which you receive such benefits, typically up to 12 weeks.

Can you work while on long-term disability?

If you receive Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI), you may be able to work while keeping your benefits. But the benefit amount you receive may be reduced depending on how much money you earn from your job.

How to stay on long-term disability?

In order to continue to qualify for benefits, detailed medical information must be provided to the LTD carrier initially and throughout the life of the claim as requested. Failure to do so will result in termination of your benefit.

How does the long-term disability work?

Long-term disability (LTD) insurance is a policy that can replace a portion of your income after a qualifying injury or illness. The benefit is paid directly to you and you determine how best to use this income replacement.

How long can an employee be on long-term disability before termination?

If you don't qualify for FMLA or you've already exhausted your 12 weeks, your employer can technically terminate your employment unless your contract forbids it. However, you can still retain your LTD benefits.

Can I quit my job while on long-term disability?

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What happens to long-term disability if you lose your job?

If your disability started while you were still employed and covered by the policy, you may continue to receive benefits despite job termination. It's similar to other types of insurance.

How long does an employer have to hold a job for someone on medical leave?

California Family Rights Act (CFRA)

This law applies to employers in California with five or more workers. Like FMLA, this law requires the employer to hold your job or give you a comparable position when you return to work within 12 weeks.

What is the maximum time for long term disability?

Benefit periods for short-term disability average between three and 12 months, while long-term disability coverage, as the name suggests, covers a more extended benefit period that can average between 2 to 10 years and possibly longer.

What are the cons of long-term disability?

Cons:
  • Disability insurance can be expensive. Coverage costs more the older you get or the more dangerous your job is. ...
  • Policies can come with exclusions that don't cover pre-existing conditions. ...
  • Waiting period. ...
  • If you never experience a disability, you won't receive benefits.

Does LTD protect your job?

LTD Benefits Don't Guarantee Job Protection: Even though you may be receiving long-term disability benefits, this doesn't automatically mean your job is secure. Your employer has obligations under federal and state laws, such as the ADA and FEHA, but your job isn't guaranteed for the duration of your LTD benefits.

What not to say to long-term disability?

For instance, applicants for long-term disability benefits should not discuss vacation plans, travel plans, or recreational activities in which they continue to participate.

Can you go back to work after long-term disability?

For example, many long-term disability policies include a return-to-work incentive. This allows employees to return to work without losing their benefits for a limited period.

What illness qualifies for long-term disability?

Some of the medical conditions that may qualify for long-term disability benefits include:
  • Anxiety.
  • Arthritis.
  • Autism spectrum disorder.
  • Bipolar disorder.
  • Cancer.
  • Carpal tunnel syndrome.
  • Cerebral palsy.
  • Chronic fatigue syndrome (CFS)

Do you have to pay back long-term disability?

Yes, in many cases, you will need to repay your long-term disability insurer once you start receiving SSDI, particularly when backpay is involved.

What is the most approved disability?

Overall, however, the most approved disability for Social Security is disabilities involving the musculoskeletal system and/or connective tissues. According to the World Health Organization (WHO), such conditions include arthritis, back pain, and lupus.

What happens when an employee goes on long-term disability?

In California, specific regulations prevent employers from setting a predetermined termination date based on a lengthy disability leave. Instead, the duration of LTD benefits and employment status while on leave is influenced by the individual's policy and the nature of their contract with the employer.

How much do you get on long-term disability?

The benefit amounts and benefits periods for these state disability insurance programs are as follows: California State Disability Insurance. Benefit: 60-70% of wages to a maximum of $1,620 per week.

What is the most common cause of long term disability?

Musculoskeletal Disorders. According to the Council for Disability Awareness, musculoskeletal conditions are the most common reason for filing LTD claims.

How long can an employee be on LTD before termination?

Response 2: A set termination date after a certain length leave of absence is not permitted by the CA Dept. of Fair Housing and Employment and case law[,] even if an employee has been on leave 12 months or more.

What illness automatically qualifies for disability?

Neurological disorders (e.g., epilepsy, benign brain tumors) Mental disorders (e.g., bipolar disorder, anxiety, depression) Cancer (malignant neoplastic diseases) Immune system disorders (e.g., HIV infection, lupus, inflammatory arthritis)

Does long-term disability pay forever?

Short-term disability insurance: Lasts for between 3 to 6 months, usually no more than 12 months. Long-term disability insurance: Payments continue for at least a year, but last for up to two, five, or 10 years — or through retirement age (usually 65 or 67).

How long does a company have to hold your job while on disability?

The length of time an employer must hold a job for an employee on short-term disability depends on several factors. These include FMLA eligibility, company policies, and state laws. Employees who qualify for FMLA have job protection for up to 12 weeks.

What happens when my 12 weeks of FMLA is exhausted?

When employees exhaust twelve weeks of FMLA leave and still cannot return to work due to their own medical impairment, the employer may have an obligation under the ADA to grant additional unpaid leave as a reasonable accommodation, in some situations.

Can you lose your job because of a medical condition?

California laws protect you when you have a medical condition that impacts your ability to work. The California Fair Employment and Housing Act (FEHA) prohibits employer discrimination based on actual or perceived medical conditions, including firing and other adverse employment actions.