How should we handle a termination when both the FMLA and short-term disability are in play? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

How should we handle a termination when both the FMLA and short-term disability are in play?

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in Employment Law,FMLA Guidelines,Human Resources

Q. We run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee?

A. An employee’s job is protected for at least the 12 weeks of FMLA leave. If the employee has a disability under the ADA or state or local law, then additional job-protected leave might be required as a reasonable accommodation, depending on the employee’s individual circumstances.

As for whether the short-term disability payments end at termination, it depends on the terms of your short-term disability policy and whether it permits payments to continue after termination.

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