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Introduction: Can You Be Fired While on Short Term Disability?

For employees in Texas, facing a serious illness or injury that requires time off can be stressful enough—but what happens if your employer decides to terminate your job while you’re on leave? One of the most pressing concerns employees have is: can you be fired while on short term disability?

At The Lange Firm, a trusted probate and employment law firm based in Sugar Land, Texas, led by Evan Lange, we help families and individuals understand their rights in difficult employment and disability situations. While this blog does not provide legal advice, it offers valuable insights into how short-term disability works, what protections exist, and the circumstances under which termination could still occur.

If you’re wondering can you be fired while on short term disability, this guide will walk you through the most important facts, helping you understand what to expect and how to protect yourself.

Can You Be Fired While on Short Term Disability in Texas?

Understanding Short Term Disability Leave

Short-term disability (STD) provides income replacement when an employee is temporarily unable to work due to a medical condition. It is not job protection—it is simply an insurance benefit that pays part of your wages while you are unable to work.

This distinction is critical because the answer to can you be fired while on short term disability depends on whether you have other legal protections in place—like protections under the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA).

Can You Be Fired While on Short Term Disability If You Are Not Covered by FMLA?

The Role of Federal Leave Laws

If you work for a smaller employer or haven’t worked long enough to qualify for FMLA, your job may have very little legal protection during short-term disability leave.

Texas is an at-will employment state, meaning that employers can terminate employees for almost any reason—as long as it’s not discriminatory or retaliatory. If you’re not protected under FMLA, the answer to can you be fired while on short term disability could unfortunately be yes.

Can You Be Fired While on Short Term Disability If You Qualify for FMLA?

How FMLA Protects Your Job

FMLA, a federal law, provides up to 12 weeks of job-protected leave for eligible employees facing a serious health condition. If your employer falls under FMLA rules (50+ employees) and you qualify, you cannot be terminated simply for taking leave.

However, FMLA protection does not guarantee immunity from layoffs or performance-related terminations that would have occurred regardless of your medical condition.

Can You Be Fired While on Short Term Disability If You Request Reasonable Accommodations?

ADA and Workplace Protections

The ADA requires employers to provide reasonable accommodations for qualified employees with disabilities. Depending on your condition, you could be covered by ADA protections even after your short-term disability leave ends.

That said, the ADA does not prevent employers from terminating employees if they cannot perform essential job functions, even with accommodations. This often leads to confusion around can you be fired while on short term disability.

Can You Be Fired While on Short Term Disability If Your Position Is Eliminated?

Economic Layoffs and Restructuring

If your company undergoes a reduction in force or department-wide restructuring, your job could be eliminated even while you are on short-term disability.

However, if the termination is specifically because of your medical condition or leave, this could violate federal employment laws—especially if you are protected by FMLA or the ADA.

Can You Be Fired While on Short Term Disability If Your Employer Disputes Your Claim?

Disability Claim Denials and Termination Risks

Employers sometimes challenge short-term disability claims, alleging that the employee is not truly disabled or has not provided sufficient medical documentation. In some cases, termination could follow if the employer determines the absence is unauthorized rather than medically justified.

Can You Be Fired While on Short Term Disability for Performance Issues?

Pre-Existing Work Performance Concerns

If you were already under performance review or disciplinary action before your leave, those issues don’t automatically disappear just because you are on short-term disability.

Legally, employers can terminate employees for documented, non-discriminatory reasons—including poor performance or misconduct—even if the employee is on disability leave at the time.

Can You Be Fired While on Short Term Disability If You Need Extended Leave?

What Happens If Short Term Disability Ends?

Short-term disability typically lasts up to 6 months. If you are unable to return to work at the end of that period, your employer may have the right to replace you—unless you qualify for extended protections under FMLA or ADA.

This scenario highlights how the answer to can you be fired while on short term disability can shift over time, depending on your ability to return to work.

Can You Be Fired While on Short Term Disability in Texas’ At-Will Employment System?

The Reality of At-Will Termination

Texas employers can generally fire employees for any reason—or no reason at all—unless the termination violates anti-discrimination laws or employment contracts.

Being on short-term disability does not provide blanket immunity from at-will termination, especially if the employer can show legitimate, non-disability-related reasons for the termination.

Can You Be Fired While on Short Term Disability If You Work for a Large Company?

Larger Employers and Internal Policies

Some larger companies have internal leave and disability policies that offer greater protections than federal law requires. In these cases, the employer’s own policies could influence whether or not you can be terminated while on short-term disability.

Can You Be Fired While on Short Term Disability If You Work for a Small Business?

Unique Challenges in Small Workplaces

Small businesses (fewer than 50 employees) are not covered by FMLA, meaning job protection during disability leave can be minimal. Small employers have more flexibility in terminating employees, even during medical leave, unless disability discrimination is involved.

Can You Be Fired While on Short Term Disability If You Sue for Wrongful Termination?

Legal Remedies After Termination

If you believe your termination was unlawful—perhaps due to disability discrimination, retaliation, or failure to accommodate—you may have legal options. Consulting with an experienced employment attorney can help you understand whether legal action is appropriate.

Conclusion

For employees in Sugar Land and across Texas, the question can you be fired while on short term disability doesn’t have a one-size-fits-all answer. It depends on the size of your employer, your eligibility for FMLA or ADA protections, and the specific circumstances surrounding your leave and termination.

At The Lange Firm, directed by Evan Lange, we help individuals and families navigate challenging employment issues during estate planning, probate, and disability-related situations. While this blog does not provide legal advice, it offers helpful guidance for understanding your rights and exploring your options.