FMLA and short-term disability

Asked October 5, 2018, 10:50 AM EDT

Hello I've been on short term disability since 7:16 2018 my FMLA expired on 10:5 2018 I have 3 weeks to return back to work the employer has informed me that my position may not be available because FMLA is no longer protecting it but I also believe that they piggyback my FMLA on top of this short-term disability ran consecutively is that legal in the state of Nevada. My understanding was that short term disability ran for 12 weeks and then that extinguished FMLA kicked in for 12 weeks. My insurance provider for that is a Liberty Mutual

Lyon County Nevada

1 Response

With respect to FMLA protections, please visit the Department of Labor website's Fact Sheet section. Visit www.dol.gov then go to the Wage and Hour Division or search for FMLA. Read Fact Sheet 28A: Employee Protections Under the Family and Medical Leave Act. You will notice that FMLA provides protection to be "restored to the same job or an equivalent job" and then defines what this means. So even returning within the FMLA guidelines there is the possibility that an employee will be restored to an equivalent job rather than the same job.

I could not find policy information that sheds light on the question regarding the short term disability running consecutively with FMLA. I suggest that you continue your search for information on how those two provisions may or may not work together. Possible sources of information are the Department of Labor-National Toll Free Number 1-866-487-2365 (8am to 8pm Eastern Time), your insurance provider, and/or an attorney.

Best wishes to you.