Difference Between FMLA and Short-Term Disability
- Blog
- Difference Between FMLA and Short-Term Disability
Short Term Disability & FMLA – Similarities, Differences, And How It Affects You the Most!
Get informed on disability benefits, including eligibility criteria and what you need to qualify. Start the process today to ensure you’re covered when you need it most.
Dealing with an illness and needing time off from work can be overwhelming – especially if your employer complicates things when it comes to taking leave for short term disability and FMLA leave. But don’t let the stress of a short-term leave of absence keep you up at night.
If you’re worried about FMLA, short term disability, or how you can use FMLA and short-term disability together, we’ve got you covered!
Our experienced consumer lawyers handle everything from straightforward questions to complex cases involving employment and disability law. Whether you need clarity on FMLA leave, guidance on short-term disability, or help with both, we’re here to assist you. No matter how complicated your situation may seem, we’re confident in our ability to provide the support you need.
Is Short Term Disability the Same As FMLA?
If you’ve been questioning if FMLA is the same as short term disability, you’re not alone. This is a common question for workers seeking time off from work.
The short answer is - no, Short Term Disability (STD) and the Family and Medical Leave Act (FMLA) are not the same, though they both provide benefits for employees facing health or family-related challenges. FMLA is a federal law that mandates job-protected, unpaid leave for qualifying reasons, such as personal medical issues or caring for a family member. In contrast, Short Term Disability is an insurance program that provides partial income replacement when an employee cannot work due to a qualifying medical condition. While FMLA focuses on job security, STD addresses financial support during a medical absence.
FMLA VS Short-Term Disability
FMLA and Short-Term Disability serve different purposes. FMLA provides up to 12 weeks of unpaid leave per year for qualifying reasons without risking job loss. It also ensures the continuation of health insurance benefits during leave.
Short Term Disability, on the other hand, replaces a portion of the employee's salary for a set period when they are unable to work due to a medical condition. While FMLA applies broadly to eligible employers and employees, STD is dependent on the insurance policy offered by the employer or purchased individually.
Table: Short Term Disability VS FMLA
| Consider this… | FMLA | Short Term Disability |
|---|---|---|
| Purpose | Job-protected leave for qualifying medical or family-related reasons. | Financial assistance during medical leave for qualifying conditions. |
| Payment | Unpaid. | Partial income replacement (40-70% of salary). |
| Eligibility | Must meet federal criteria (e.g., 1 year of employment, 1,250 hours). | Dependent on employer or private insurance policy. |
| Duration | Up to 12 weeks per year. | Typically, 3-6 months, up to 1 year in some cases. |
| Job Protection | Yes. | No, unless used concurrently with FMLA. |
| Coverage | Covers employee and immediate family members for medical needs. | Covers only the employee for personal medical conditions. |
Leave of Absence VS Short Term Disability
A leave of absence is a broader term that encompasses any approved time away from work for personal or medical reasons. This could include unpaid leave under FMLA or paid leave through Short Term Disability. The main distinction is that a leave of absence may or may not involve compensation, depending on the employer’s policies and whether the employee qualifies for benefits like STD.
What is Short Term Leave?
Short Term Leave generally refers to a temporary period during which an employee is away from work due to medical, personal, or family reasons.
Short-term leave can be covered by Short-Term Disability insurance if it involves a medical condition that prevents the employee from performing their job duties. Employers may offer Short Term Leave as part of their broader leave policies, with or without financial benefits.
Do You Get Paid for Short Term Disability?
Yes, employees typically receive a portion of their regular income through Short Term Disability insurance while they are unable to work due to a qualifying medical condition. The amount and duration of payments depend on the specific policy.
How Much Does Short Term Disability Pay?
Short Term Disability usually pays between 40% and 70% of the employee’s salary. The exact percentage varies by employer or insurance provider, and there may be a waiting period before benefits begin. Payments are often made for a predetermined time frame, such as 3 to 6 months, based on the terms of the policy.
Can You Get Short-Term Disability (STD Leave) and FMLA Concurrently?
Yes, FMLA and Short Term Disability can run concurrently if the employee qualifies for both. For instance, an employee on STD due to a medical condition may also be eligible for FMLA, ensuring job protection while receiving partial income replacement. However, not all medical absences qualify under both programs, so it’s important to understand the eligibility criteria for each.
How Long Can You Be on Short Term Disability?
The duration of Short Term Disability benefits depends on the policy but typically ranges from 3 months to 1 year. Most policies provide coverage for 6 months, though this can vary. Once STD benefits are exhausted, employees may transition to Long Term Disability if available and applicable.
Does Short Term Disability Protect Your Job?
No, Short Term Disability does not inherently protect your job. Short-Term disability’s primary function is to provide financial assistance during medical leave. Job protection comes from laws like FMLA, which may apply concurrently. Employees should confirm their employer’s leave policies to understand their rights and protections.
What if I Was Unfairly Denied for FMLA and Short-Term Disability?
Actions You Can Take After a Denial:
- Consult an employment lawyer or disability attorney to assess your rights.
- Review the denial letter for reasons provided by the employer or insurer.
- Gather any missing or additional documentation to support your claim.
- File an appeal with your employer or the insurance company.
- Explore alternative leave options or accommodations.
Conclusions
Understanding the differences between FMLA and Short Term Disability is critical for employees navigating medical or personal challenges. FMLA offers unpaid, job-protected leave, while STD provides partial income replacement during a medical leave of absence. Knowing how these programs can work together and their limitations empowers employees to make informed decisions about their rights and benefits.
Frequently Asked Questions
Most short-term disability (STD) plans provide coverage for three to six months, depending on the policy. However, some plans may extend up to a year. The specific duration often depends on your employer's benefits package or the insurance provider's terms. Coverage typically begins after a waiting period, which can range from 7 to 14 days, during which you may need to use sick leave or other paid time off. STD plans are designed for temporary medical conditions that prevent you from working but are not expected to result in permanent disability. Examples include recovery from surgery, injuries, or childbirth-related complications.
The most commonly approved disabilities are those with clear, well-documented medical evidence and significant functional limitations. Back-related issues, such as degenerative disc disease or chronic back pain, rank high among approved claims, especially for Social Security Disability Insurance (SSDI). Mental health disorders, including depression and anxiety, and chronic conditions like arthritis and diabetes are also frequently approved. Disabilities with objective diagnostic criteria, such as cancer or cardiovascular diseases, tend to have higher approval rates. Approval likelihood increases with thorough medical documentation, compliance with treatment plans, and support from healthcare providers in verifying the condition's impact on daily functioning.
An illness qualifies as a disability when it significantly impairs a person’s ability to work or perform essential life activities. Qualifying conditions vary by program or policy. For example, Social Security Disability Insurance (SSDI) lists illnesses such as cancer, chronic respiratory disorders, severe mental health conditions (e.g., schizophrenia), and autoimmune diseases like lupus. Short-term disability plans typically cover conditions like recovery from surgery, fractures, or childbirth complications. The key is demonstrating how the illness limits your ability to perform job-related tasks. Proper medical documentation, including diagnoses, treatment plans, and evidence of functional limitations, is crucial to qualify for disability benefits.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more
Related Articles
