Missouri Short Term Disability
Posted by Tamara
There are only five states in the U.S. where legislation mandates that employers pay benefits to workers for short term disabilities.
Missouri is not one of the five. They are New Jersey, California, New York, Rhode Island, and Hawaii. In Rhode Island, short term disability may be offered for up to a maximum of 30 weeks a year. The state requires, however, that the disability benefits be funded through payroll deductions, much the way health insurance premiums are. In the other states, it is assumed that the burden will be carried by the employer.
Workers in Missouri and the other 44 states without the necessary legislation have other options.
Workers who are pregnant, for example, may make use of the Pregnancy Disability Act. Under this act, an employee who is pregnant must be offered paid leave for pregnant workers if the company provides such leave to workers who suffer from other disabilities. Any pregnant workers suffering from a medical condition would receive the benefits.
An option that is likely to be useful to a greater number of employees is the FMLA, or Family and Medical Leave Act. This federal legislation provides a maximum of 12 weeks of unpaid, but job-protected, leave to workers who qualify. It is not unusual for employers to require a doctor’s note before granting FMLA. This is standard operating procedure in most companies, and is designed to insure that the illness or disability is legitimate. Doctors need to show that the condition requires that the employee receive a leave of absence. “Job-protected,” incidentally, is a phrase which means that an employee who takes FMLA leave will be guaranteed his or her job back when returning to work. Employers are prohibited from hiring a permanent replacement for the worker who is on leave.
A third possibility is workers’ compensation. Commonly called “workers’ comp” or “workmen’s comp,” it provides payment for a disability, including the medical costs involved, provided that the injuries were received on the job.
It is crucial that employees take steps to educate themselves about their rights to short term disability benefits. A company’s human resources office can provide extensive, valuable information.
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