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Nevada Short Term Disability

An employee is unable to work for 3 weeks due to a non-work-related auto accident.  In Nevada, is she entitled to disability pay under any state or federal law?

In Nevada, there is no state or federal law guaranteeing any employee an income when they have a short-term disability, regardless of the cause of the disability.  Social Security will pay disability benefits, but only to those persons who have been disabled for five months or longer.

When an employee is unable to work because of a “serious medical condition” that has been medically certified, he or she may qualify for leave under FMLA.  FMLA is the federal Family and Medical Leave Act.  It provides eligible employees with up to 12 weeks of job-protected, unpaid leave each calendar year.

In the U.S., there are five states, plus Puerto Rico, that have state laws that require short-term disability benefits for all workers.  The states are Rhode Island, Hawaii, California, New Jersey, and New York.  In Rhode Island, the state’s disability insurance is funded through employee payroll deductions.  In some other states, it is simply a requirement that employers automatically provide short-term disability coverage to their employees.

The state of California has the most generous program by far.  Employees are paid 55% of their salary (up to a maximum of $728 per week) for up to 52 weeks of disability.  Rhode Island employees are entitled to payments of 60% or more for up to 30 weeks.  The state of Rhode Island will also increase the payments for each dependent for up to 30 weeks. 

Other state programs all provide benefits for up to 26 weeks.  In New Jersey, the law provides employees with 66% of their salary.  New York offers disabled employees 50% of their salary, while Hawaii employees receive 58% of their salary. 

It should be noted that most of these state plans require a one-week unpaid waiting period.  In two states, however, (New Jersey and Rhode Island), employees who are on disability for three to four weeks respectively are paid retroactively for that first week.

The Pregnancy Disability Act says that an employer who provides paid leave for other types of disabilities have to provide the same benefits to pregnant women who are on medical disability. JH

This entry was posted on Friday, February 15th, 2008 at 11:53 am and is filed under
Benefits, Workplace Management.
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