Human Resource Blog

Short Term Disability

	Attendance Management
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	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Compensation
Employee Payroll Action Form W-4 Employee Withholding Allowance Cert. Employee Payroll Status/Change Form Direct Deposit Form Total Compensation Summary

I am due to have surgery on my neck and will be forced to be layed up for at least twelve weeks. I am terrified for the financial havoc it is going to create. Anyway I read the below information on another question. Can anyone tell me how this Family and Medical Leave Act works and where can I apply for assistance?

“The Family and Medical Leave Act, may apply. If a doctor can certify that he is unable to go to work because he have a “serious medical condition”, he could be eligible for FMLA. For those eligible, the Family and Medical Leave act provides up to 12 weeks of unpaid, job-protected leave.”

The federal Family and Medical Leave Act of 1993, or FMLA, allows workers to take up to 12 weeks off, without pay, for a serious health condition. FMLA leave is unpaid, but it is job protected. This means that the worker need not fear that he or she will lose their job, simply because they must be absent.

The worker is guaranteed a job upon his or her return from FMLA, with very few exceptions. If returning to the same job is impossible, the worker is guaranteed a job with the same hours, working conditions, pay and benefits.

Workers on FMLA cannot be demoted or penalized for missing work time.

Because FMLA is unpaid, workers still lose income for the 12 weeks that they are out of work. However, they have a job when that leave is over.

In order to be protected, the employee must advise the employer that he or she is taking time off under FMLA as soon as possible. The law permits the employee to communicate this within 2 days of returning from leave, but it’s wiser to tell the employer up front, when you know that you will be absent for several weeks, that you are taking FMLA time.

Be aware that FMLA does not offer protection to a worker who is absent for more than 12 weeks. If an employee is out of work one day longer than 12 weeks, the employer can legitimately fire the worker.

FMLA applies to companies and non-profits with 50 or more employees within 75 miles. Most schools and hospitals are covered, regardless of the number of employees. And, anyone employed by the federal government is entitled to FMLA leave.

FMLA does not provide any short term disability payments. There is no nationwide program that does. Only five U.S. states have such programs. They are New Jersey, Rhode Island, Hawaii, California and New York.

Unfortunately, employees on temporary disability don’t qualify for unemployment. An employee who is disabled for 5 months or more may qualify for disability benefits from Social Security.

BTW, if the surgery is the result of a work-related injury or illness, the employee may be entitled to benefits under workers compensation.