Workers in Wisconsin are concerned about the length of short term disability leave and job security while on leave. For example, if a worker has taken 9 weeks of disability leave, can he or she go on disability again? Can that same worker be terminated for taking so much leave?

Short term disability is an insurance plan which provides payments when an employee is unable to work. Many types of plans are available, each with different benefits, so the length of available leave will vary among the plans. Workers can check with their HR benefits officer, or call the insurance company. Details may also be available in the employee handbook.

The majority of short term disability plans offer 13 to 26 weeks of paid leave. The worker who has already taken 9 weeks of leave could have 4 to 17 weeks available. Receiving disability does not guarantee the employee’s job. If a worker takes a lot of time off from work, it is possible he or she could be terminated

Job security while on leave is a separate issue from the length of time a worker can receive disability payments. Short term disability doesn’t guarantee an employee’s job, but FMLA does. FMLA (Family and Medical Leave Act) allows up to 12 weeks of unpaid, job-protected leave. This Act mandates that when an employee returns from leave, he or she must return to the same position, or to one with similar working conditions, benefits and salary.

An employer is permitted to charge a worker’s disability (paid leave) to FMLA, but only if the worker is informed in writing prior to taking leave. If the worker’s 9 weeks of disability was charged to FMLA, then only 3 weeks of leave are still available. If the worker’s 9 weeks weren’t charged to FMLA, then the worker is still eligible for 12 weeks of job-protected FMLA leave.

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This entry was posted on Friday, December 12th, 2008 at 5:55 am and is filed under FMLA - Family Medical Leave Acts, Labor & Employment Laws. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.