When employers offer long term disability insurance, can they condition the receipt of payments on termination of employment?
Does this potentially violate the ADA’s requirement that employers consider holding jobs for people who take leave as an accommodation (assuming the employee has a disability and plans to return to work at some point)? Generally this practice does not violate the ADA. Long term disability is a benefit of employment that employers are free to offer or not. As such, employers set the parameters of the benefit. An employer might violate the ADA if the employer’s purpose was to evade its obligations under the ADA, but that would be difficult to prove since the employer did not have to offer the benefit in the first place. 3. Can an employer terminate or reduce an individual’s health insurance benefits because he or she is working fewer hours due to a disability? Yes, according to the EEOC. The ADA does not prohibit the adoption of health insurance eligibility requirements that do not discriminate on the basis of disability, as long as such requirements are applied in the same manner to all
Related Questions
- How does changing jobs with a pre-existing condition affect my eligibility for employer-sponsored long term disability insurance?
- When employers offer long term disability insurance, can they condition the receipt of payments on termination of employment?
- is a state suppose to offer short term disability insurance?
