Some disability benefit plans require that the claimant remain employed, even in inactive status, in order to receive benefits. In these situations, an employee may need to have their Family Medical Leave Act (“FMLA”) approved to protect their employment status in order to be eligible for disability benefits. However, an employer may still terminate an employee regardless of FMLA leave status provided there is a legitimate, nondiscriminatory reason for the termination.
To better understand your rights and obligations, you should refer to the eligibility provisions of your disability plan to determine the impact a termination of employment may have on your benefits. Call your plan sponsor or human resources department if you have any questions.
If you have questions about a denied disability claim or require assistance with your internal appeal or need to file a lawsuit, please contact Denver long term disability attorneys at McDermott Law, LLC. Whether you are located in Colorado, the surrounding states or anywhere in the country, we likely can provide the unique legal experience and assistance you require.