Short-term disability (STD) insurance and the Family and Medical Leave Act (FMLA) differ in several ways. With STD, you receive a portion of your income if you cannot work due to a non-work-related injury or illness.
Alternatively, FMLA provides you with unpaid, job–protected leave for 12 weeks or more annually if you cannot work for family or medical reasons.
Talk with a Baton Rouge short-term disability lawyer if you are wondering whether you are eligible for STD, FMLA, or both. Your attorney will discuss the similarities and differences between short-term disability and FMLA. They will help you secure the benefits you paid for and deserve.
Short-Term Disability vs. FMLA
Both short-term disability and FMLA offer some level of protection if you cannot work for an extended period. However, each has specific terms and requirements. Depending on your circumstances, you could qualify for one or both.
Typically, STD covers 40–60% of your income if you suffer an injury or illness outside of your job that prevents you from working. After you report your injury or illness to your employer, you may be subject to a waiting period before you can receive STD benefits. These benefits may be available to you for 90 days or longer. They do not guarantee your job while you are on leave.
You are covered under FMLA if you have worked for your employer for a minimum of one year and at least 1,250 hours in the prior year. FMLA usually lasts 12 weeks.
However, in certain situations, you can receive FMLA for up to 26 weeks. You do not receive your salary while you are on your leave. Yet, FMLA guarantees your job is protected when you return to work.
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Paid vs. Unpaid Leave
Short-term disability protects you financially if you are unable to work as a result of an injury or illness you suffer unrelated to your job. With this insurance coverage, you can take paid leave from your job.
You will receive a portion of your income for a set period. Once this window closes, you may return to work, but your employer is not required to keep your job open for you.
Comparatively, the Family and Medical Leave Act (FMLA) provides you with at least 12 weeks of unpaid leave. During this time, you can stop working temporarily as you deal with a family or medical matter.
Meanwhile, your health insurance coverage from your employer continues as if you are working. Also, your job is safe under the law, and you can return to work when your leave ends.
Get legal help if you are unsure about your eligibility for paid and unpaid leave and how they apply to your situation. An attorney with short-term disability case experience can share FAQs and other legal resources relating to STD and FMLA with you. They can walk you through the process of getting benefits that will serve you well for the foreseeable future.
Eligibility Requirements for FMLA vs. Short-Term Disability
The Family and Medical Leave Act covers those who have been with their employer for a minimum of one year, logged at least 1,250 hours over the previous year, and work at a site where the business employs 50 or more staff members within 75 miles.
If you work at a company that meets these criteria, you may qualify for FMLA yearly for any of these reasons:
- Birthing and caring for a newborn child
- Receiving a child for adoption or foster care
- Caring for a spouse, child, parent, or other immediate family member who is dealing with a serious health condition
- Taking medical leave because you are unable to work due to a serious health condition
Your STD policy defines the criteria for getting benefits. A short-term disability attorney can evaluate your policy and answer any questions you have about it. If, for any reason, you request STD benefits and your insurer denies your claim, your lawyer can appeal on your behalf.
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How to Use Short-Term Disability and FMLA Together
There are differences between short-term disability and FMLA, but you can still take advantage of both simultaneously. With help from an attorney familiar with STD and FMLA, you can maximize the benefits at your disposal.
Your lawyer may advise you to use FMLA and short-term disability together if you have a health condition that meets the criteria of both. For example, you inform your employer that you want to take unpaid leave for a medical condition per FMLA. At the same time, you request STD benefits because your medical condition keeps you from fulfilling your job duties.
Next, your employer will verify your eligibility for FMLA. To get STD benefits, an insurance company must determine if your medical condition was pre-existing and did not occur at work.
If your FMLA and STD benefits requests are approved, you can stay on unpaid leave and receive a fraction of your income until you go back to your job.
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Learn More About the Difference Between Short-Term Disability Insurance and FMLA
You are not alone if you are struggling to make sense of the difference between short-term disability insurance coverage and FMLA. Thankfully, a lawyer with STD insurance claim experience can explain how short-term disability and FMLA differ. They will assist you if you want to request short-term disability, FMLA, or both.
ERISA Insurance Claim Attorneys has over 30 years of experience. We can address any concerns you have about short-term disability and the Family and Medical Leave Act. Contact us for more information.
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