There are two common options available to employees when navigating a medical issue or family emergency requiring time off from work: Short-term disability (STD)/Long Term Disability (LTD) and the Family and Medical Leave Act (FMLA). While STD/LTD and FMLA both cover time away from work for health related reasons and may be used together, they serve different purposes and have different eligibility rules.
FMLA at a Glance
The family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid job protected leave per year for specific family and medical reasons.
Key Features of FMLA
- FMLA is unpaid leave, but employees may use accrued vacation or sick time to cover pay during leave
- Job protection is guaranteed for the same or equivalent job upon return.
- Employers with 50 or more employees are covered under FMLA and employees who have worked at least 1250 hours in the past 12 months are eligible
- Employees may take FMLA for a personal serious health condition, to care for a family member with a serious health condition, for the birth/adoption, and certain military family needs.
- FMLA protects job benefits while on leave, but does not provide income replacement which is where short term and long term disability comes into play
STD – Short term disability replaces anywhere form 60 -100 percent of income for a short period, typically 3-6 months.
LTD – Long term disability (LTD) kicks in after STD ends, covering anywhere from 50 – 70 percent of income for longer periods.
Key Features of STD/LTD
- Unlike FMLA, STD/LTD provides a percentage of the employee’s income while they are away from work. However, there is no job protection unless taken with FMLA leave.
- STD/LTD often requires medical proof of disability.
- STD/LTD strictly covers an employee’s medical inability to perform the duties of their job.
Using STD/LTD and FMLA Together
Many employees wonder if it is possible to use STD/LTD and FMLA simultaneously and the answer is, yes. FMLA can be used to protect an employee’s job while STD provides income during the same period. When FMLA runs dry, the employee may continue on LTD if eligible but job protection may end.
A typical scenario may include an employee that is injured while at home and cannot perform the duties of their job. To protect their job and continue receiving benefits, the employee not only applies for unpaid FMLA leave to protect their job and benefits but also applies for short term disability payments to make ends meet while he/she is away from work. If the employee still needs more time to heal after 12 weeks of FMLA leave combined with STD, the employee can transition to LTD to continue to receive income while exploring other job protections or accommodations under the Americans with Disabilities Act (ADA) if applicable.
Under the ADA, an employee may seek additional unpaid leave as a reasonsinbla accommodation if it allows the employee to eventually return to work and does not cause the employer undue hardship. Typically courts favor a definite, time limited extension when requesting an extension of leave in this scenario in order to meet the reasonable accommodation definition. The employer must engage in an interactive process to explore accommodations whether it is an extension of leave, part time return, modified duties, remote work, reassignment, or ergonomic changes such as being able to sit instead of standing while performing job duties or taking periodic breaks to stretch throughout the workday.
It is important to consult your employer’s leave policies to determine what leave is available and how it might be combined to offer maximum job protection and income and whether other laws apply such as the ADA or Pregnant Workers Fairness Act (PWFA) for accommodations.
Contact Our Employment Benefits Lawyers for Guidance
Unfortunately, it is not uncommon for employees requesting FMLA, STD/LTD. or ADA accommodations to face challenges. Employers may wrongly deny eligible FMLA leave by questioning an employee’s medical certifications, claiming they are ineligible, or outright discouraging requests. An employer may retaliate after an employee requests or is granted FMLA leave resulting in an adverse employment action including job termination or failure to reinstate. STD/LTD claims may be denied by the insurer over insufficient documentation, disputes regarding disability definitions, preexisting condition exclusions, of even disagreements about a doctor’s assessment. Of course there are many cases involving failures to provide accommodations under ADA or PWFA that result in loss of employment or other adverse employment actions.
In cases where an employee is denied benefits, suffers retaliation or discrimination related to FMLA leave, short-term or long term Disability, it is important to seek the guidance of an experienced employment law attorney for answers. Contact the employee rights attorneys of Alan C. Olson & Associates for immediate assistance at 262-785-9606.
