I read on NOLO that an employer can terminate you while you’re on STD after the 3 month FMLA runs out if they are doing layoffs across the company. What constitutes a lay-off? is it based on a raw # or percentage of fired staff in a single state or company wide? This seems to be one of two ways an employee can fire you under the ADA. The other being they offer reasonable accommodations and the employee doesn’t return to work.