Fmla And Disability Clarification

Summary

An employee in New York State can be on FMLA leave without being on short-term disability concurrently. If an employee is compelled to go on short-term disability, they can still be covered under their original FMLA claim that began before the disability commenced. There is no legal provision that an intermittent FMLA claim must be converted into a continuous one if the employee goes on short-term disability. For specific situations, consult with the HR department or a labor law attorney.

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Legal Inquiry Regarding FMLA and Short-Term Disability Question: *. Can an employee be on FMLA leave without being on short-term disability concurrently? *. If an employee was compelled to go on short-term disability, can they still be covered under their original FMLA claim that began before the disability commenced, even if it's an intermittent claim? *. Is there any legal provision stating that an intermittent FMLA claim must be converted into a continuous one if the employee goes on short-term disability for a period of time.
Hello ****,
*. An employee can be on FMLA leave without being on short-term disability concurrently. They are distinct but can overlap.
*. An employee compelled to go on short-term disability can still be covered under their original FMLA claim that began before the disability commenced.
*. There's no legal provision that an intermittent FMLA claim must be converted into a continuous one if the employee goes on short-term disability.
These rules may vary by state. Could you share your location?
NYS
Hello ****,
In New York State:
*. Yes, an employee can be on FMLA without being on short-term disability concurrently.
*. Yes, an employee can remain covered under their original FMLA claim even when on short-term disability.
*. No, there's no provision that an intermittent FMLA claim must convert to a continuous one if the employee goes on short-term disability.
For more specific information, contact your local labor board.
An employee in NYS who originally goes out under an FMLA claim on */*/* and then goes back to work but then goes out again on */*/*-*/*/* but since */*/*-*/*/* is eligible under STD the employee applies for STD and is granted STD then goes back to work on */* and is out again on */* can that all be covered under the same intermittent FMLA claim or does it need to be converted to a continuous FMLA claim under the law in NYS
In NYS, that can all be covered under the same intermittent FMLA claim. It doesn't need to be converted to a continuous FMLA claim, even when the employee is on short-term disability. It's always best to consult with the HR department or a labor law attorney for specific situations.
Even thou the employee has STD approved from */*-*/* for the same condition they can be out under the intermittent FMLA claim from */*-*/*/* by law legally?
Yes, in New York State, an employee with approved Short-term Disability could also be out under the intermittent FMLA claim for the same condition and period. Always refer to your HR department or labor law attorney for clarification.