Understanding FMLA & Short-Term Disability

At some point in life, many workers need to take an extended break from their job—whether it’s due to personal reasons, health issues, or family needs. That’s where the Family Medical Leave Act (FMLA) and short-term disability (STD) benefits come in. These programs offer important protections and benefits, but they work differently, so it’s good to know what each one covers.

What is FMLA?

The Family Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave per year for specific medical and family-related reasons. If an employee is caring for a military service member with a serious injury or illness, that leave can be extended to 26 weeks. One key benefit of FMLA is that your group health insurance stays active while you’re on leave, just as if you were still working.

FMLA leave can be used for:

• The birth, adoption, or foster placement of a child

• Caring for an immediate family member with a serious health condition

• A personal serious health condition that prevents you from working

• Certain situations related to a family member’s military service

  
  

Another important protection under FMLA is job security—when your leave is over, your employer is required to give you back your same job or a comparable one unless they can demonstrate a legitimate and very good reason for failing to do so. 

Who Qualifies for FMLA?

FMLA applies to public agencies (like federal, state, and local government offices), schools, and private companies that have at least 50 employees for 20 or more workweeks in the current or previous year.

To be eligible, an employee must:

• Work for a covered employer

• Have logged at least 1,250 hours in the past 12 months (excluding paid/unpaid leave)

• Work at a location where the employer has 50+ employees within 75 miles

• Have been with the employer for at least 12 months (these don’t have to be consecutive, but employment within the past seven years counts, except for certain military service exceptions)

  
  

What Protections and Benefits Does FMLA Offer?

While the Family Medical Leave Act (FMLA) doesn’t require employers to provide paid leave, it does protect your job while you’re away. This means when you return, your employer must give you either the same job or one that’s nearly identical in terms of:

• Work schedule and shift

• Location

• Duties, responsibilities, and status

• Required skills, effort, and authority

• Pay (including overtime and bonuses)

• Benefits

  
  

Is FMLA Leave Paid?

FMLA leave itself is unpaid, but employees can choose—or employers can require—the use of accrued paid leave (like vacation days or paid sick leave) during their FMLA time. Regardless of whether other paid leave is used, the job protections of FMLA still apply if the leave is for a qualifying reason.

What about health insurance while on FMLA?

The FMLA requires an employer to maintain health insurance benefits for an employee during their FMLA leave. Specifically, the employer must maintain the employee's coverage under any group health plan at the same level and under the same conditions as if the employee had continued to work during the leave period. However, the employee is responsible for paying their portion of the health insurance premiums during the leave period. If the employee fails to pay their share of the premiums, the employer may discontinue health care coverage after giving notice, but must reinstate the employee in the group health care coverage plan upon their return to work.

Employer Responsibilities & Employee Rights

Covered employers must inform employees about FMLA rights. If an employer learns that an employee’s leave request might qualify for FMLA, they must:

1. Notify the employee of their eligibility.

2. Explain their rights and responsibilities under FMLA.

   
   

Employees don’t need to mention FMLA by name when requesting leave. They just need to give enough information for their employer to recognize that FMLA may apply.

If the leave is foreseeable, employees should provide at least 30 days' notice. If it’s unforeseeable, notice should be given as soon as possible—typically the same or next business day. Employees are also expected to follow their company’s usual leave request procedures, unless unusual circumstances prevent them from doing so. FMLA leave can be taken all at once or in smaller increments (intermittently), depending on the situation.

Medical Documentation & Certification

Employers can request medical proof of a serious health condition, but can’t demand full medical records. Instead, they may ask for a certification from a healthcare provider, which employees must provide. 

Protection from Retaliation

Employers cannot:

• Interfere with, deny, or restrict an employee’s right to use FMLA leave

• Retaliate against an employee for taking FMLA leave or reporting FMLA violations

  
  

Employees should be aware of their FMLA rights and speak up if they believe their employer is not following the law.

What is Short-Term Disability?

Short-term disability (STD) benefits is a type of insurance that helps cover part or all of a worker’s income when they need time off due to a temporary illness, injury, or disability that prevents them from being able to perform their job. STD can be offered by employers or purchased privately, but employers aren’t required to provide it.

How Does STD Work?

STD is designed to provide financial support during FMLA and short-term health challenges by covering 50-100% of a worker’s wages. The amount of STD pay depends on the employer’s policy. STD typically  does not cover job-related injuries (physical or mental injuries) —those typically fall under Workers' Compensation instead.

There’s also something called an "elimination period", which is a waiting time before STD benefits kick in. During this period, employees may use sick days or PTO to bridge the gap before paid benefits start.

What Does STD Cover?

Coverage depends on the specific plan or policy, but common reasons people use STD include:

• Physical injuries (not work-related)

• Treatment while seeking treatment for a physical or mental impairment

• Maternity leave

  
  

Employers can choose to fully cover the cost of STD or partner with an insurance company to offer it as a benefit. The amount paid and how long the benefits last depend on the policy details and factors like how long the employee has worked for the company.

Who Qualifies for STD?

To be eligible for STD benefits, employees must meet their employer’s specific policy requirements. This might include:

• Working a certain number of hours before qualifying

• Providing medical documentation to confirm the condition and how long they’ll be unable to work

  
  

If you think you might need STD benefits, it’s important to review your employer’s policy carefully to understand what’s covered and what steps to take.

Protections and Rights Under Short-Term Disability (STD) and How It Works with FMLA and ADA

The main benefit of short-term disability (STD) is that it provides income replacement for employees who can’t work due to a medical condition. However, unlike FMLA, employers aren’t required to continue health insurance benefits while an employee is on STD leave. If an employer does offer health insurance during STD leave, they must follow their policy consistently. That said, employers can change their policies—as long as it’s not done to discriminate or retaliate against an employee.

Job Security Under STD, FMLA, and ADA

• If an employee is on FMLA leave and hasn’t exceeded the 12-week limit, they cannot be terminated absent a very good and legitimate reason for doing so.

• STD leave alone does not guarantee job protection—an employer can terminate an employee on STD leave unless the leave is also protected under FMLA or the employee has requested an accommodation that complies with the Americans with Disabilities Act (ADA).

• Once an ADA accommodation request is made, the employer is required to work with the employee to find a reasonable accommodation—as long as it doesn’t create an undue burden for the company.

• If an ADA accommodation request doesn’t specify a clear return-to-work timeframe, the employer may deny the request and terminate employment.

  
  

Key Differences Between FMLA and STD

FMLA	STD
A federal law that protects an employee’s right to take leave for certain medical and family-related reasons.	An insurance benefit (offered by some employers or purchased privately) that provides partial or full wage replacement during medical leave.
Eligibility: Must work for a covered employer, have worked 1,250 hours in the past 12 months, and be at a location with 50+ employees within 75 miles.	Eligibility: Varies by policy, but typically requires a certain number of hours worked and an unpaid elimination period before benefits begin.
Provides up to 12 weeks of unpaid leave (or 26 weeks for military caregiver leave).	Provides partial wage replacement (usually 50-100% of pay) for a period ranging from a few weeks to six months, depending on the policy and condition.
Covers leave for both the employee and their immediate family members.	Typically only applies to the employee—not their family members.

Can FMLA and STD Be Used Together?

Yes! FMLA and STD can often be combined, meaning an employee may be able to receive pay from STD while on FMLA-protected leave. However, keep in mind:

• FMLA protects your job, but STD does not—meaning an employer can terminate an employee on STD leave if they’re not also on FMLA.

• When returning from FMLA leave, the employer must restore the employee to their job (or an equivalent one). In contrast, STD does not guarantee job reinstatement – the factors on whether the job has to be reinstated depends on the type of job, reason the employer denied reinstatement, the length of leave and whether the employee has provided a short and definite return to work date. 

  
  

How Case Law Has Shaped FMLA and STD Protections

The Family Medical Leave Act (FMLA) ensures that employees who take qualifying leave are reinstated to the same or an equivalent position with similar pay, benefits, and job duties. However, court cases have clarified what counts as an “equivalent” job and when an employer can legally deny reinstatement.

What Counts as an “Equivalent Job”?

Some employees have challenged changes to their roles after returning from FMLA leave, but courts have generally ruled that minor modifications do not violate FMLA:

• Drizos v. PNC Investments LLC, 2023 WL 4986496 at (3d Cir. 2023): A financial professional claimed his job was not equivalent upon returning from leave because his employer let work pile up, significantly increasing his workload. The court ruled against him, finding that FMLA does not guarantee employees return to a stress-free environment—only that they be reinstated to the same position or one with equivalent duties, pay, and benefits. 

• Mitchell v. Dutchmen Mfg., Inc., 389 F.3d 746 (7th Cir. 2004).: A factory worker’s job before leave involved cleaning, applying decals, and sweeping. While she was on leave, the production line was consolidated, and when she returned, her duties now required her to use a screw gun and caulking gun. After injuring her hand and refusing to use the tools, she quit. The court ruled her new duties were still substantially similar to her old ones, meaning she had been reinstated to an equivalent position under FMLA.

  
  

When Can Employers Deny Job Reinstatement?

FMLA does not automatically entitle employees to job restoration in all situations. Courts have allowed employers to deny reinstatement in cases where:

• The employee’s role was eliminated due to business needs.

• The employee could not perform essential job functions even with accommodations.

• The employer could show a legitimate reason unrelated to FMLA leave.

  
  

Some examples:

• Waag v. Sotera Def. Sols., Inc., 857 F.3d 179 (4th Cir. 2017): A Senior Director of Operations took FMLA leave for a hand injury. When he returned, he was reassigned to a different supervisor and program but kept the same salary and benefits. Later that year, his employer laid him off due to budget cuts. The court ruled that FMLA does not protect employees from company-wide layoffs, and because he was not considered a "key employee" (a designation that can exempt high-level employees from job restoration), the employer did not violate FMLA.

• Mell v. Minnesota State Agric. Soc'y, 557 F. Supp. 3d 902 (D. Minn. 2021): An employee took extended medical leave for cancer treatment. When she returned, her employer demoted her and later fired her. The court ruled that employers have the burden to prove that an employee could not perform their job before denying reinstatement. This case reinforced that FMLA protects employees from retaliation and wrongful termination following leave.

• Sanders v. City of Newport, 657 F.3d 772 (9th Cir. 2011): An employee developed chemical sensitivity and took FMLA leave. When she tried to return, her employer refused to reinstate her, claiming the workplace was unsafe for her condition. The court ruled that the employer had to prove a legitimate reason for denying reinstatement and remanded the case for a new trial. The decision highlighted that employers bear the burden of proof when denying job restoration under FMLA.

  
  

Key Takeaways

• FMLA guarantees job protection, but employers can make minor adjustments to duties, as long as the role remains substantially the same.

• FMLA does not protect against company layoffs or restructuring, but employers must prove the layoff was unrelated to FMLA leave.

• If an employee cannot perform essential job duties upon return, reinstatement may be denied—but the employer must justify this decision with legitimate reasons.

• Employers bear the burden of proof if they deny reinstatement after FMLA leave.

  
  

What to Do If You Believe Your Rights Were Violated

If you were denied job reinstatement, demoted, or terminated after taking FMLA leave or applying for short-term disability benefits, you may have legal recourse. An employment attorney can help determine if your rights were violated and explore your options for compensation or reinstatement.