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Guest klrusso
Posted

What is Maryland state law concerning the availability of short-term disability and/or unpaid leave if an employee has been employed less than 90 days? If there is a pre-existing condition, what rights does the employee have, and can the employer fire the employee even if they know about the need for short-term leave before hand (i.e. pregnancy....FMLA would not be applicable given the lack of compliance with employment requirements in this case)?

Thanks!

Posted

Maryland does not have a state mandated disability plan and therefore, it would be up to the employer and insurance carrier as to the provisions of a short-term disability plan.

Pre-existing conditions would be specifically laid out in the summary plan description and you should therefore reference that for further information.

Lastly, as far as termination goes, I don't see why an employer would fire a person for having a disability, especially if they knew about it before they hired the person.

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