Can a person be terminated while on short term disability?

Generally, employees cannot be terminated while on short-term disability leave, as it is considered a protected leave under federal and state laws. However, there may be some exceptions:

1. Gross Misconduct: If an employee engages in severe misconduct that fundamentally breaches their employment contract or workplace policies, they may be subject to termination even while on disability leave.

2. Voluntary Resignation: If an employee voluntarily resigns while on short-term disability, their employment is terminated due to their decision, not due to the disability.

3. Unavailability to Perform Essential Job Functions: If an employee's disability prevents them from performing the essential functions of their job, even with reasonable accommodations, the employer may have grounds for termination. However, the employer must engage in an interactive process and consider alternative job assignments or accommodations before resorting to termination.

4. Expiration of Disability Leave: If an employee's short-term disability leave expires and the employer determines that they are still unable to return to work, the employer may have the right to terminate their employment.

It's important for both employers and employees to consult the specific laws, regulations, and employment policies that govern their respective jurisdictions and organizations to determine the exact rights and obligations related to termination during short-term disability.