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does fmla and std run concurrent or consecutive? Ohio

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  • does fmla and std run concurrent or consecutive? Ohio

    I am currently off of work for due to a non work related injury. I had back surgery and have been off of work for 12 weeks now. My employer has approved FMLA and STD. My question is wether these two run concurrently (as my employer is doing) or if it runs consecutively? I am unable to return to work at this time and am expected to be off of work for at least another 8 weeks. As soon as my FMLA ends I have been notified that i will be terminated with the option to reapply for employment. However, I have been told that the STD should run then FMLA should kick in after. Is this right? Or is this based on company policies? Any insight would be helpful! Thanks!

  • #2
    STD is not leave. It is how you get paid while you are on leave. It runs concurrently with FMLA 99.5% of the time. In the very rare occasions when it does not, it's because the employer has a program of paid leave that is separate from STD benefits.

    It is possible for STD to run longer than FMLA. However, once FMLA expires, you no longer have job protection EVEN IF you are still receiving STD benefits.
    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.

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    • #3
      They run concurrent. STD is not leave, it is only income replacement. FMLA is leave but it is not paid. Under FMLA you get 12 weeks of leave. STD eligibility depends entirely on the terms of the plan.
      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.

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      • #4
        thank you for your insight. Those were the answers my employer was giving me but i was being told different from others. I was unsure as to where I stood and would like to have had a little more job protection. Again Thank you!

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