Q&A

Can a STD be substituted for FMLA leave?

Can a STD be substituted for FMLA leave?

If an employee on FMLA leave is also receiving STD benefits, it is worth noting that in this situation, neither the employer nor employee can require the substitution of available paid time off. This is because leave under a disability plan, such as STD, is not unpaid leave.

Where to send letter advising employee they have exhausted FMLA and still qualify for STD?

LETTER ADVISING EMPLOYEE THEY HAVE EXHAUSTED FMLA AND STILL QUALIFY FOR STD Please note – this document should be placed on dept. letterhead. Date Employee Name Address, City, State Zip Dear ( name I hope this letter finds you recuperating and getting your strength back [ tweak language as appropriate for the employee’s or family member’s situation

When does an employee return from FMLA leave?

[ You: Jeff, everything about the FMLA is oppressive!] The requirement that an employer return an employee to the same or equivalent position at the end of FMLA leave. Returning an employee to the same position is easy enough to grasp.

Can a person on STD leave return to work?

Our records show you are still covered under your Short-term Disability policy. In accordance with __________’s policy on STD leave, we require all employees on STD leave to provide notice of their intent to return to work.

If an employee on FMLA leave is also receiving STD benefits, it is worth noting that in this situation, neither the employer nor employee can require the substitution of available paid time off. This is because leave under a disability plan, such as STD, is not unpaid leave.

LETTER ADVISING EMPLOYEE THEY HAVE EXHAUSTED FMLA AND STILL QUALIFY FOR STD Please note – this document should be placed on dept. letterhead. Date Employee Name Address, City, State Zip Dear ( name I hope this letter finds you recuperating and getting your strength back [ tweak language as appropriate for the employee’s or family member’s situation

Our records show you are still covered under your Short-term Disability policy. In accordance with __________’s policy on STD leave, we require all employees on STD leave to provide notice of their intent to return to work.

What’s the difference between FMLA, Ada and STD?

The purpose of this article is to clarify some of the differences between the federal FMLA, the ADA and short-term disability (STD). Employers must keep in mind that state and/or local leave laws may also need to be considered. STD is not a form of job-protected leave with rights to continued health coverage and job reinstatement.