Is sick leave the same as FMLA?

I was out sick for 5 days with Flu and Strep Throat. My employee benefits include short term disablity benefits with full pay. My employer sent FMLA forms home for me to fill out. They indicated I has a choice to either take FMLA or short term disablity. I did not fill out any FMLA forms; I took short term disability. I have now recieved a letter from my employer stating they are going to count the days off toward my 12 weeks of FMLA coverage. Can they do this?

1 answer  |  asked Apr 27, 2001 11:18 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Your employer can count days that you are out for a serious health condition towards FMLA

FMLA and short term disability are two different things. FMLA protects your job from being filled during an absence for a serious health condition or birth or adoption of a child, assuming you are eligible for it. It is unpaid. Short term disability provides some payment while you are away from work due to a disability. It does nothing to protect your job. While you might be eligible for STD and FMLA for the same absence, they are two different benefits.

Your employer can require you to "use up" your unpaid FMLA time if you are out due to a serious health condition. To find out what that means and to learn more about the FMLA, go to the Employment Law FAQs menu on this page and click on Family Leave.



posted by Neil Klingshirn  |  Apr 27, 2001 4:55 PM [EST]

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