My dad had asked for disability papers and took a couple of days off. He then collopased and was in the hospital he was diagnosed with cancer and had to have surgery. He also had an infection in his hips which he needed to have surgery on after the infection went away. He did not return to work within a year he died. His cancer had mastisized all over his body. Was it legal for him to be terminated?

I'm so sorry about your father. What a horrible way to die!

I've asked that your question be moved to a law board. Someone will be along in a while to answer you. All are volunteers, and come to the site when they are able.

I'm not sure I'm following the time line here. He had applied for disability and was on vacation time that the job was aware of. While on this approved time off, he was hospitalized and did not return to work after the approved time off was ended. At some point after that he was terminated because he failed to return to work. Is that correct?

Did anyone notify the job that he was hospitalized? If so what was the timing? Did the job have any short and/or long term disability policies?

Is this in the US, how long was he employed prior to asking for disability ?

Did he after the end of his leave time, ask for non paid leave though the federal program

If the rules of his employment required that he "call in" an absence and he did not, then he could be terminated. It does not appear to me that he was discriminated against due to his health; it appears he was terminated because the employer required him to either report to work or actually go to work.

I am unclear whether this was a private disability policy or some sort of work-related disability policy.

I am sorry for your loss.