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Do we owe STD benefits to employee who has been terminated after FMLA leave expires?

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in Employment Law,FMLA Guidelines,Human Resources

Q. Our policy is to run FMLA leave and short-term disability (STD) concurrently. The FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. Can we terminate an employee at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end STD payments, since the employee has been terminated?

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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