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STD verse FMLA Tennessee

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  • STD verse FMLA Tennessee

    how long do you have to be a work before you can go on short term disablity or FMLA in TN.

    what is the difference between STD and FMLA in TN.

    What is TN law on salary if you are on FMLA and STD.

    My doctor wants to put me on FMLA but i want to make sure that i am still going to receive my check.

    Can you be fired if your doctor puts you on STD or FMLA.

    Thanks for all your help.

  • #2
    There is no state disability policy in TN so how long before you can collect benefits will depend on the terms of the policy you may be covered under. FMLA is the same in all states; you must have worked for the employer for 12 months AND have worked at least 1,250 hours in the previous 12 months AND your employer must have at least 50 employees within 75 miles of your location.

    In all states, STD is income replacement; i.e., how you get paid while you are on leave. FMLA is leave time. They are not the same thing.

    FMLA time is unpaid UNLESS your employer offers an STD policy OR chooses to offer paid leave. They are not required by law to do either.

    Your doctor cannot put you on either FMLA or STD. He can recommend; he cannot demand. You cannot be fired BECAUSE you request FMLA and you cannot be fired for absences while you still have FMLA time available. STD does not provide any job protection unless you are also on FMLA. If you are unable to return to work when your FMLA expires, you can be terminated at that time.
    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.


    • #3
      First of all, STD is not leave. It merely covers some or all of your salary while you are incapacitated. The terms are subject to the policy itself and without reading the plan documents, no one here can tell you how long it may be for, if you qualify or how much it will pay you.

      FMLA is federally mandated leave and it only applies to those who work for employers with over 50 employees within a 75 mile radius, have been employed with the same employer at least 1 year, and have worked at least 1250 hours in the past 12 months. If all are true, then you get up to 12 weeks of leave that is unpaid.

      If your employer offers paid leave or a STD policy, or you have a STD policy of yur own, they may provide income during the otherwise unpaid leave.

      You can not be fired for taking FMLA, but you can be fired for any other reason you ordinarily would be fired for even if you are on FMLA or have taken FMLA. In other words, it doesn't prevent you from being fired, but it can not be the reason you are fired. As STD is not leave, it has no bearing on whether you are fired or not.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.