Dallas Employment Lawyer Blog
Short-term disability, long-term disability, and the Family Medical Leave Act (FMLA) are three types of legal protections for employees who need to take time off from work due to illness, injury, or the need to care for a family member. While these protections may seem similar, they each have unique features and eligibility requirements that employees should be aware of. In this article, we will explore the differences between short-term disability, long-term disability, and the FMLA.
Short-Term Disability
Short term disability (STD) is a type of insurance that provides income replacement to employees who are unable to work due to a non-work-related injury or illness. The duration of STD benefits varies by policy, but typically lasts between three and six months. STD benefits are designed to provide employees with a portion of their regular income while they recover from an injury or illness, allowing them to pay their bills and meet their financial obligations.
To be eligible for STD benefits, an employee must have a qualifying medical condition that prevents them from working. The employee may be required to provide medical documentation to support their claim, and benefits may be subject to a waiting period before they begin. STD benefits are typically paid as a percentage of the employee’s regular income, often ranging from 50% to 100%.
Long-Term Disability
Long term disability (LTD) is another type of insurance that provides income replacement to employees who are unable to work due to a non-work-related injury or illness. LTD benefits are designed to provide income replacement for a longer period of time than STD benefits, often lasting until the employee is able to return to work. The duration of LTD benefits varies by policy but can last for years.
To be eligible for LTD benefits, an employee must have a qualifying medical condition that prevents them from working. The employee must typically provide medical documentation to support their claim, and benefits may be subject to a waiting period before they begin. LTD benefits are typically paid as a percentage of the employee’s regular income, often ranging from 50% to 70%.
Family Medical Leave Act
The Family Medical Leave Act (FMLA) is a federal law that provides job-protected leave to eligible employees who need to take time off from work to care for themselves or a family member who has a serious health condition, to care for a new child, or for certain military caregiving and leave purposes. FMLA leave can last up to 12 weeks in a 12-month period.
To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months and have worked at least 1,250 hours in the 12 months prior to taking leave. The employee must also work for an employer with at least 50 employees within a 75-mile radius. FMLA leave is job-protected, meaning that the employee has the right to return to their same or a similar position when they return from leave.
Differences between Short-Term Disability, Long-Term Disability, and the FMLA
One of the main differences between short-term disability, long-term disability, and the FMLA is the purpose and duration of the leave. STD and LTD benefits are designed to provide income replacement to employees who are unable to work due to a non-work-related injury or illness, while the FMLA is designed to provide job-protected leave for employees who need to care for themselves or a family member with a serious health condition, or for certain other qualifying reasons.
Another difference is the eligibility requirements for each type of leave. To be eligible for STD or LTD benefits, an employee must have a qualifying medical condition that prevents them from working, and their employer must offer these benefits as part of their benefits package. To be eligible for FMLA leave, an employee must meet certain the requirements discussed above.
Can Short-Term Disability and Long-Term Disability run concurrently with FMLA?
Yes, it is possible for an employee to receive STD or LTD benefits at the same time as taking leave under FMLA. However, it is important to note that the eligibility criteria and requirements for each type of leave are different.
It is important to note that not all employers offer STD and LTD benefits, and the eligibility criteria for these benefits may vary depending on the specific policy. It is always a good idea for employees to review their employer’s policies and schedule a consultation with me to discuss your rights.