FMLA, Short-Term Disability, Job Protection??

Miriam George

Our company currently allows an employee to draw 26 weeks of Short-term disability for a documented medical condition that would also qualify for FMLA. However, we only grant the standard 12 weeks of FMLA. I think this essentially sends the statement to employees that their job/re-entry status is okay for 26 weeks, not just the 12 weeks of FMLA.

We currently have no policy in place that states that after a certain period of time, we will post their job for bid.

What do other companies do to integrate FMLA and short-term disability? Do you provide job protection for the entire period that an employee can draw STD? If so, do you protect one's job even if they are a "key" employee?

I would be happy to have some of your policies on these things as examples for us to start from.

Janet

Our company runs FMLA concurrent with STD, but keeps the job open for the full 26 weeks of STD. If the employee cannot return after 26 weeks (and ADA does not apply), we terminate.

Miriam George

Janet, I am curious:
Do you allow 26 weeks of FMLA then? Or does the FMLA cut off at 12 weeks?

AnaFL

Our company does exactly the same as Janet's. We have FMLA running for 12 weeks however, and at the end of the 12 weeks, we inform the employee that FMLA is officially over, but if they are still disabled and can back that up with medical paperwork, we still allow them the time off until 26 weeks runs out, then they are automatically terminated. If it's workers comp then it's a separate issue of course, so altho fmla applies, the disability doesn't as it would be covered under w.comp.

Toby

To carry this a bit further, the consensus seems to be to protect the job for the required FMLA period, then run out the balance of STD (26 weeks max concurrent). If there is no job to return to, the employee is terminated, regardless of whether released or not by his physician. If the position has been filled, eliminated; or, no comparable position is available, and the employee is still certified unfit to return to work at the end of the defined STD period, is he entitled to LTD benefits {assuming it is a stated benefit of the Company}?