Before You Get Furloughed, Consider Your Company Disability Policy!

Many employees continue to work even though they experience limitations from physical or mental limitations.  With the onset of COVID-19, employers are experiencing significant financial burdens and terminating or furloughing workers.  If you are still employed but may be subject to being let go, you need to be aware that if you are let go you most likely will no longer be covered under your Short Term and/or Long Term disability policies.

Most employer-provided policies require an employee to be “actively at work” when their disability begins.  While the term “actively at work” is defined differently depending on the policy, basically it means that an employee must be performing the material duties of his job in the place and manner in which the job is normally performed.  Most importantly, numerous policies exclude eligibility for an employee who has stopped working due to furlough or layoffs.

In these difficult times, employees who are working with limitations need to be aware of their employment status and the possibility that they may be at the top of the list when it comes to furloughs or layoffs.  If you are one of these employees you should consider all of your options and consider whether it is in your best interest to file a claim for disability benefits before it is too late.  Do not hesitate to contact Osterhout Berger Disability Law for a free consultation to discuss any questions you may have.