The length of your short term disability benefits depends on your insurance policy. Most short term disability coverage will provide benefits for up to 6 months. Some disability benefits plans will provide an even longer period. It is important to check to see what your disability insurance policy provides.
Qualifying for Short Term Disability Benefits
If you are experiencing a disability which impacts your ability to perform your job, you may be entitled to short term disability benefits. Short term disability benefits are intended to be an income replacement for workers who are away from work due to a disability or illness. That disability may be a physical disability, but it could also be a cognitive, emotional or “invisible” disability such as anxiety or depression.
It is important to find out what your disability benefits policy provides before you apply. It is a good idea to speak with a Short Term Disability Lawyer to ensure your application for disability benefits is strong and also to make sure you are receiving what you are entitled to.
Can I Be Terminated While on Short Term Disability?
It is possible for an employee on disability benefits to be terminated while on their disability or sick leave, provided the employee is given adequate termination or severance pay.
However, terminating any employee in Ontario is discriminatory and illegal because of their disability. If the employee’s termination is even one reason for the termination, the employer may be found to have violated the Ontario Human Rights Code. Under the Ontario Human Rights Code, employers are required to accommodate employees with disabilities to the point of undue hardship.
If you are an employee who was terminated during their 6 month disability leave, you should contact a Short Term Disability Lawyer. You may be entitled to damages.
What Happens After Short Term Disability Ends
If an employee remains disabled and unable to work after the 6 month period of short term disability, they can transition to long term disability benefits. An employee will likely have to submit a new application to switch from short term disability benefits to long term disability benefits.
Although an employee may have been approved for short term disability benefits, this does not mean they will automatically be entitled to long term disability benefits. However, if the employee is successful in making a long term disability claim, they might be entitled to disability benefits until the age of 65.
This was written by Shane Burton-Stoner. Shane is licensed by the Law Society of Ontario and is a Short Term Disability Lawyer and Employment Lawyer at Monkhouse Law.
Monkhouse Law is an employment law firm located in Toronto focusing on employees’ issues. We offer a free 30-minute phone consultation. Please call us at 416-907-9249 or fill out this quick form.
