Wednesday, October 22, 2014

Does FMLA Leave and Short-Term Disability Leave Run Concurrently?

A common "myth" that floats around is that an employer cannot require an employer who is out on Family and Medical Leave Act leave to also concurrently use their short-term disability benefits if they are employed for an employer who provides for such.  However, this is not true and most employers require that both run concurrently.  This is done because, while an employer is obligated to provide the 2 weeks (under Wisconsin FMLA) or 12 weeks (under federal FMLA) leave, they are not required to provide above and beyond that (barring a potential to provide leave as a reasonable accommodation under the Americans with Disabilities Act (ADA)) and if STD and FMLA is not ran concurrently, an employee could be off work well beyond 12 weeks.

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