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What to do when FMLA is Exhausted? Can you use STD?

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melissa227

Junior Member
What is the name of your state (only U.S. law)? N.C.

I hope this is the right board to post on. I am seeing a medical doctor that wants me out on medical leave ASAP (starting Monday, as in 3 days ago). She wants me to use STD through my company. I, at this point, have no FMLA days d/t a car accident I was in last October. I have only gained 8.5 hours back.
The problem is this. I was told by my boss that if I was absent 1 more time I would be terminated. I have been written up, etc, for being sick in the past. Well, I was in the ER on Monday and missed work and missed work Tuesday, so Technically Tuesday was "the last straw" and boss comes back from vacay tomorrow.
I could go in to work tomorrow and be terminated. I am trying to find out if I can call my human resources department and get put on STD ASAP with no FMLA time and still have a job?
Or an I basically on a chain with nothing to do.
What are the legalities of FMLA vs. STD and if they have anything to do with each other?
I would be greatful for any help/advise
Mel
 


ecmst12

Senior Member
FMLA and STD are totally separate. They can run concurrently, or not. FMLA offers job protection, STD does not. If you qualify for STD but not FMLA, you can get paid while you are on medical leave, but your employer does not have to have your job waiting for you when you get back.
 

cbg

I'm a Northern Girl
STD is not medical leave. It is how you get paid while you are on medical leave.

If your FMLA is exhausted, it is entirely up to your employer how much, if any, additional medical leave to provide. You are entitled to up to 12 weeks of unpaid medical leave per 12 month period. Being on STD does NOT protect your job if you have no FMLA left.
 

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