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FMLA and Short Trem Disability North Carolina

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  • FMLA and Short Trem Disability North Carolina

    I would like to know if a company can use short term disability and family medical leave claims at the same time. Example: I had a FMLA claim for intermittent hours to use on a monthly basis but my condition worsen and I had to go out on short term disability. When I return to work I continued to used original FMLA monthly claim but was inform all my hours were exhausted. It was then explained while I was on short term disability they were running my FMLA hours concurrent everyday I was out. Which now means I have no FMLA left for the calendar year.

  • #2
    It's not only legal, it's very common, plus it makes good business sense. Otherwise, employees could be out of work for as long as 9 months in the first year (12 weeks FMLA plus 6 months short-term disability, which is the standard length of time for that benefit).

    Disability benefits are not leave; they are how you get paid when you are ON leave.
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    • #3
      FMLA offers job protection - STD does not. The only thing STD does is pay you
      while out on leave. You get 12 weeks of job protected leave with FMLA though
      your employer can allow additional time off.
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      • #4
        They not only can, it is such a very common practice (and specifically allowed by statute) that it would be surprising to the point of incredulity if they didn't.
        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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