Human Resource Blog

STD Benefit vs. Loss of Job

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

I had an operation that required me to stay out of work for 7 weeks. I had enough sick and vacation time to cover this period . I returned to work and the doctor felt I needed more time for healing. I am out of work and will be applying for STD. In 5 weeks my FMLA will end. Question: If I am unable to return to work and the agency decides NOT to hold my job—will I lose my STD benefit, also.

That depends on who is providing those short term disability benefits. If you have STD insurance, paid for by yourself or your employer, then you will be entitled to benefits even after termination.

If you do not have STD insurance, and the employer is providing the benefits, that’s a different situation. Short term disability payments would not be paid to a former employee. If you have a disability under the EEOC definition, in some cases you may be entitled to additional leave after your FMLA runs out.

(If you are in a state that provides STD benefits, then the payments are entirely separate from your employment status. Those states are Hawaii, New Jersey, New York, California and Rhode Island.)