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Is Short-term Disability considered FMLA Pennsylvania

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  • Is Short-term Disability considered FMLA Pennsylvania

    Is Short-term Disability considered FMLA??? I was on short term disability due to hurting my back then finding out I was pregnet so the doctors could do nothing for me unitl I had my baby. As soon as my short term disability was over I was terminated stating that my FMLA was over. When iIread the FMLA act i was under the impression it was unpaid 12 weeks. And that it did not tie into Short-term. Am i wrong for thinking that FMLA was to start after my short-term disability was over? Also i was not given the option to fill out paperwork for FMLA only long term disability paperwork. Do i have any legal grounds?

  • #2
    Yes, you are wrong. It is entirely legal for your STD benefits and your FMLA to run concurrently.

    You're also wrong if you think that STD is leave time. It's not; it's income replacement while you are on unpaid leave.

    As long as you received all the FMLA you were entitled to, no, you have no legal recourse. It is not necessary for you to complete paperwork for FMLA unless your employer wants you to; if you, your employer and your medical condition all qualify for FMLA, your employer is required by law to consider the time as FMLA whether you apply for it or not.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.