When discussing medical leave, two terms are often discussed: Short-Term Disability and the Family and Medical Leave Act (FMLA). While they are frequently mentioned together, Short-Term Disability and FMLA serve different purposes. Understanding the differences between Short-Term Disability and FMLA is critical for an employee contemplating medical leave.
What Is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for certain medical and family reasons. Under FMLA, eligible employees can take 12 weeks of unpaid leave per year for their own serious health condition, to care for a spouse, child, or parent with a serious health condition, or for the birth or adoption of a child.
The key benefit of FMLA is job protection. This means an employer is required to restore an employee to the same or an equivalent position upon their return from FMLA protected leave and prohibits retaliation. However, FMLA is not paid leave.
What Is Short-Term Disability?
Short-Term Disability is typically an insurance benefit offered by an employer or purchased individually. Short-Term Disability provides paid leave by compensating an employee a certain percentage of their pay while on medical leave.
Unlike FMLA, Short-Term Disability does not guarantee job protection and does not apply to employees who need leave to care for a family member.
Can Short-Term Disability & FMLA Be Used At The Same Time?
Yes, Short-Term Disability and FMLA are often used together, which allows an employee paid and protected medical leave. Not having a clear understanding of the differences between Short-Term Disability and FMLA are often costly to an employee. FMLA provides job protected medical leave while Short-Term Disability provides paid medical leave.
If you have any questions about medical leave or believe that your rights to protected medical leave have been violated, please contact us at (205) 588-0699.