Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: Do FMLA and short-term disability conflict with each other?
Question: If someone’s out on short-term disability, does the time count against his or her FMLA leave allotment?
Answer: If a short-term disability is caused by a serious health condition as defined by FMLA, the two forms of leave can run concurrently, says employment attorney Lawrence Peikes.
For example: If an employee is out for more than three days and receives two or more doctor’s treatments during that period, or a chronic condition exists, you can count that period as both short-term disability and FMLA leave. The situations meet the criteria for both.