Human Resource Blog

FMLA vs STD

How does STD vs FMLA work with regards to a pregnant full time employee? Would she get 13 weeks STD and 12 weeks under FMLA?

No. Normally STD or short term disability and FMLA run at the same time. Leave under the federal Family and Medical Leave Act is unpaid, but the employee must be returned to her job if she is able to work after 12 weeks.

Only 5 US states have mandatory short term disability benefits. In most states, short term disability benefits are paid through an insurance policy, or by a very generous employer. But virtually every company requires that an employee who is on STD also be on FMLA at the same time. This means that the employee is entitled to a total of 12 weeks of leave.

Normally STD benefits apply only to the time the employee is physically unable to work. An employee who works right up until her delivery day may be *disabled* (unable to work due to childbirth) for 6 weeks. So she would receive disability benefits for 6 weeks. She is then entitled to an additional 6 weeks of unpaid leave for baby bonding under FMLA (so her total is 12 weeks of FMLA leave.)

Note that many insurance policies provide up to 13 weeks of std benefits for workers. However, the policy does not guarantee that the employee will be permitted to return to her job, if she uses all 13 weeks. In most cases, an employee must return to work after the 12 weeks of FMLA is up, or face termination.

The answer to this question would be different in some states with family leave laws.