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Qualifying for Short-Term Disability

Oftentimes employees who need a brief break from work-related duties due to a particular medical condition or an injury are eligible for short-term disability benefits once he or she has depleted all of the sick leave to which he or she is entitled.

Many employers will provide their employees with short-term disability benefits of between 50-70% of his or her salary during the necessary leave of absence, however, larger employers may pay as much as 100% based on the employee’s length of employment. A typical short-term disability plan will pay benefits for a period of 13 to 26 weeks. This benefit will usually be computed as a percentage of gross weekly salary (without commissions, bonuses, or overtime).

One form of short-term disability is the Family and Medical Leave Act (FMLA) – The federal law provides job protection for those who must take time off for medical reasons. This law applies to all employees who are employed by a company with 50 employees or more in the “same geographical area.”

Basically, any employee who needs to attend to their own medical condition or take time off to care for a spouse, child, or parent for a medical reason is protected under the law if he or she was an ordinary employee working for an employer for at least twelve months or 1,250 hours in the most recent year.

A worker returning to his or her position after taking FMLA leave retains his or her job title, with the same benefits, pay, seniority level, and working conditions prior to the leave. The benefit is available for a maximum of only twelve weeks per year, but do not have to be taken consecutively.

Both state and federal short-term plans can offer income when you need to take a temporary leave from work, while at the same time they can guarantee the protection of your job and its entitlements.

To know more about the short-term disability benefits that may be available to you, a consultation with a short-term disability lawyer can provide you with the information you need.