• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Question about FMLA vs short term disability

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

isis297

Member
State: NY

Can you take short term disability in "days" or is it a continuous thing? We thought we remembered that in his last job he had filed for STD when he had surgery, used a couple of weeks for his recovery, and then they had told him that he could use days for follow up doctors appointments. He asked his current company's HR department about signing up for STD for when he has appointments or procedures and they informed him that he can do FMLA unpaid but not STD. 1. I wanted to check if that was true and he cannot take STD for sporadic days and 2. is it true that FMLA is still unpaid? I thought NY had paid FMLA now.
 


quincy

Senior Member
State: NY

Can you take short term disability in "days" or is it a continuous thing? We thought we remembered that in his last job he had filed for STD when he had surgery, used a couple of weeks for his recovery, and then they had told him that he could use days for follow up doctors appointments. He asked his current company's HR department about signing up for STD for when he has appointments or procedures and they informed him that he can do FMLA unpaid but not STD. 1. I wanted to check if that was true and he cannot take STD for sporadic days and 2. is it true that FMLA is still unpaid? I thought NY had paid FMLA now.
You do not have to use family/medical leave all at once. You can use it as needed.

Here is a link to your related thread:

It can help to keep related issues together.
 
Last edited:

cbg

I'm a Northern Girl
FMLA and STD are two different benefits with different rules and different criteria. It's not a question of either/or. They can and do run simultaneously;
 

FlyingRon

Senior Member
FMLA just assures you of a job back under certain conditions. It's a distinct benefit and can overlap with disability, sick leave, vacation time, whatever.
 

LdiJ

Senior Member
Somebody might want to summarize the thread. I am totally confused and therefore the OP might be as well.
 

cbg

I'm a Northern Girl
FMLA is protected medical leave. At the Federal level it is unpaid by definition; however the statute allows for the employer to require or the employee to request that paid leave be substituted. Some states require that family leave be paid.

Short term disability is a form of income replacement. It is NOT a form of leave in and of itself. It can and does run concurrent with FMLA. It is NEVER a case of choosing either FMLA or STD. They do not have the same eligibility requirements and do not do the same thing. It is possible to be eligible for one without the other; both; or neither. If you are eligible for both, then both apply.
 

quincy

Senior Member
From Taxing Matters' link, here is a direct link describing the different types of worker benefits (paid family leave, FMLA, short term disability, etc) and how they interact:
 
Last edited:

isis297

Member
Ok. I think I understand. We knew he could take FMLA and STD at the same time, well STD would start a week after an unpaid week of FMLA. Unfortunately his PTO is accrued which would stop if he went out on STD. I was wondering about using it a day here and there thinking it would allow him to keep accruing time to supplement his STD with but I understand now that isn't how it works and he isn't eligible for PFL because it's his health that is the issue.

Thank you for your guidance and helping me understand this.
 

Sponsored Ad

Top