Employer terminating employement ..on LTD since last 3 year

I am on LTD since last 3 years. My doc still suggest that i am not fully ready for work yet. But i dont want to loose my employer.Today i got a call from employer saying they are terminating my position. I informed HR that i want to work. Employer gave me time time till next week to consult with doc to let them know if there is any plan for rejoining along with any accommodation.

  1. My current job is stressful because of its nature. so Can i ask HR for other opportunities which are less challenging? Would they able to consider me even if position is destined for another country?
  2. If i join workforce now and if my illness relapse again because of employment, Do i have chance to go back to LTD or leave again?
  3. How to drive conversation with employer regarding new opportunities without sounding negative?
  4. What does come with accommodation?

Any help would be appreciate it people. I was not ready with this kind of surprise so i have lot of questions.

Welcome to the forum.

Employers typically terminate people who have been on LTD for 2-4 years (it is called “frustration of contract”).

  1. You can ask but they don’t have to.
  2. I think usually if you get ill within 6 months then it is probably the same claim. It probably depends on how your insurance company handles it.
  3. Tell them you want to to stay with the same company.
  4. Could be more breaks, ergonomic chair, special phone, anything that helps you work.
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Re 1, their obligation is to accommodate you to the point of undue hardship on them. It’s a very important but vague standard so it’s going to depend on what kind of work they do, what other positions might be available, etc.

Thanks guys.
I am surprised to know that there is still option of going to back to LTD if illness come back again. Thats good to know.

I was sick, went back to work, went off sick again and the insurance company said it was the same claim.
I think @David_Brannen commented on that but I can’t find his post.
It might depend on your policy, insurance company, or diagnosis.

Yes, it does depend on the specific insurance plan or policy, but generally speaking these plans are designed to facilitate people going back to work. If you have a relapse or return of inability to work, most plans will have a “recurrence of disability” clause which says if you go off work again within x months of returning to work, your claim will continue. However, if you go off work again after that period, you would just file a new claim and go through the short-term disability and re-apply for LTD. It is wise to speak with a lawyer if you don’t get back to full time work, and have to go off again as it opens up a gray area on whether it should be a new claim or continuation, even if you were back for more than x months indicated in the policy.

David Brannen

Disability Lawyer with Resolute Legal

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