Human Resource Blog

Short Term Disability

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I have been employed full time with my company for over a year. I recently injured by back and have been out of work one week, and the doctor has ordered me out for a minimum of two additional weeks. My paid time has been used but my employee handbook outlines a leave of absence/short term disability benefit that is available to employees at the employer’s discretion. My employer states that they have opted to grant me unpaid leave, when other employees have been granted paid leave for illness, short term disability and pregnancy. Is there any legal right to fight this? I feel this is totally unfair and that I am not being treated with the same respect and benefits as my fellow employees.

If you feel that you were denied short term disability benefits due to illegal discrimination based on age, race, color, religion, sex, pregnancy or national ancestry, you can certainly report it to the EEOC. However, if you were denied short term disability benefits for another reason, then you may not have any recourse. You can certainly hire a lawyer to persue a case against the company. But in most cases, “at the employer’s discretion” means exactly that– the employer gets to decide. There is a plus side here: you have learned that this employer doesn’t value you, or the job that you do, very highly. Some employees would be determined to change that opinion, while others would look for another job.