I wanted to talk about an issue that I’ve seen create a lot of confusion for employees—and frankly, something that has cost a lot of people their jobs lately. It involves short-term disability benefits versus having a medical leave of absence approved by your employer. These are two totally different things.

Short-term disability benefits come from a third-party insurance carrier. If you’re approved for short-term disability benefits, that does not necessarily mean your job is protected, unless your employer has a policy that explicitly states otherwise—which most do not. So just because your third-party short-term disability benefit insurer approved your claim for disability benefits does not mean your employer has to hold your job open for you while you’re out on leave.

You need to receive explicit approval from your employer. Where I see a lot of people get confused is when they say, “My third-party disability benefit carrier approved my benefits, so I’m good for as long as these benefits are approved.” That is not the case. And frankly, a lot of employers want you to think that’s the case because they like finding ways to terminate people who are out on medical leave.

What you need to do is receive approval from your employer to take the leave. And if you want to be paid, you also need to receive approval from your short-term disability benefit provider. These are two separate things.

You may ask, how can I get approval from my employer? There are two main ways.

First, if you’re eligible to use leave under the Family and Medical Leave Act (FMLA), your employer has to approve it and has to protect your job for up to 12 weeks. What you do is tell your employer, “I would like to request FMLA leave.” They’ll give you paperwork, which you have your medical provider complete. Once approved, that protects your job for up to 12 weeks. FMLA is unpaid, but if you have disability benefits, you can try to get paid through that channel. Some states also have paid leave options.

If you’re not eligible for FMLA, you should seek an accommodation under the ADA—the Americans with Disabilities Act. Typically, to have that approved by your employer, it needs to be a more short-term leave of absence. Employers are generally not required to grant lengthy leaves of absence. Most courts rule that anything beyond a few weeks of leave is beyond what an employer can reasonably accommodate. There’s no hard-and-fast rule, but that’s generally the standard employers look at if you’re not eligible for FMLA.

So the moral of the story is this: short-term disability benefits do not protect your job. They do not protect your job unless you also receive approval from your employer. What I recommend you do, if you’re seeking a leave of absence, is to put it in writing to your employer—what you’re seeking, how long you’re seeking it for, and what your medical condition is. Your employer may follow up and ask for documentation, and I recommend that you cooperate with any reasonable request your employer makes.

That’s the story of the day: short-term disability benefits versus medical leave—two separate things.

Hope you all found this useful. Wishing everyone the best out there.

Related Practices:
FMLA Retaliation
Failure to Accommodate
Wrongful Termination