Fmla And Disability Claims

Summary

If your absence exceeds the approved duration and your short-term disability claim isnt approved within 39 days, you may not be able to apply for FMLA for that specific absence. FMLA and disability benefits are generally separate, but company policies can intertwine them. Consult a local employment attorney for specific legal advice.

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Is that message saying that you can’t apply for FMLA without disability?
No, the message doesn't imply that. You can apply for FMLA without a disability. However, if you're applying for Short Term Disability, and it's approved, this absence can also be approved under FMLA within a *-day period.
The line that says you will not have another opportunity to apply for FMLA leave for this absence if your short term disability is not approved it’s saying without an approved disability claim you can’t apply for FMLA
The statement means that if your short-term disability claim isn't approved within the *-day period, you won't be able to apply for FMLA leave for the same absence. It doesn't prevent you from applying for FMLA for other reasons.
Right but for this same absence it’s requiring me to have an approved disability claim before I can apply for FMLA
It seems you're confused about FMLA and disability claims. While they can overlap, they are separate. You can apply for FMLA without a disability claim. However, if applying for FMLA due to a disability-related absence, a denied disability claim could affect your FMLA application for that specific absence.
How can a denied disability claim affect my FMLA
A denied disability claim may affect your FMLA application for the same absence in the following ways:
- It may limit the duration of your FMLA leave.
- It could potentially prevent FMLA approval for that specific absence.
- It may require additional documentation for FMLA approval.

Remember, laws vary by location. May I know where you're located?
Nys
Thanks for confirming your location as New York State. Here, FMLA and Disability benefits are separate but can overlap. A denied disability claim doesn't automatically deny FMLA but can affect it as explained earlier. For specific legal advice, consult with a local employment attorney.
Okay but that statement is saying if I have a denied disability claim then I can’t apply for FMLA
The statement suggests if your disability claim is denied, you may not be able to apply for FMLA for the same absence. It doesn't mean you can't apply for FMLA altogether. You can still apply for FMLA for other reasons.
I’m talking about for the same absence
Understood. For the same absence, if your disability claim is denied, your chance of getting FMLA approval might be affected. But, it doesn't mean you're completely ineligible for FMLA. Is there something else you'd like to know about this process?
The statement says if your absence exceeds the approved duration so for example if I have a disability claim approved until */* and I don’t feel well so I stay out until */* which is past the approved duration that I will not have another opportunity to apply for FMLA leave for this absence if my short term disability is not approved within * calendar day period
The statement means:
- If your absence exceeds the approved duration (*/* in your case) and extends to */*
- And your short term disability is not approved within * calendar days from the start of this extended absence
- Then you may not be able to apply for FMLA leave for this specific extended absence.
Remember, this doesn't exclude you from applying for FMLA for other reasons or absences.
But for this particular absence they’re not going to let me apply for FMLA because the disability claim is not approved? If my absence exceeded the approved duration?
Yes, for this specific absence, if your disability claim isn't approved and your absence exceeds the approved duration, it may affect your ability to apply for FMLA for this particular absence. However, it doesn't restrict you from applying for FMLA for other absences.
Okay I’m talking about for this particular reason though so an employer can keep you from applying for FMLA if your disability claim is denied?
Yes, for this specific situation, if your extended absence is not approved under the disability claim within the *-day period, it can affect your eligibility to apply for FMLA for that specific absence. But remember, each case is unique and influenced by specific circumstances.
Is that legal to make FMLA dependent on short term disability?
The Family and Medical Leave Act (FMLA) and Short Term Disability (STD) benefits are separate and typically independent. However, some employers' policies might intertwine them. In general, making FMLA dependent on STD approval isn't common and could potentially be problematic. To fully understand the legality, consult a local employment attorney.
Even if the original reason for the FMLA had to do with an intermittent claim that was approved this can all get changed now because it’s tied into STD?
Yes, based on the information provided, it appears that if the Short Term Disability claim related to the same absence isn't approved, it may affect your FMLA application, even if it is for an originally approved intermittent claim. Each case can vary, so consulting with a local employment attorney would be beneficial.
That’s legal under the law? To be able to deny an approved FMLA claim because a disability claim was denied?
Generally, FMLA and disability benefits are separate. An approved FMLA claim should not be impacted by the denial of a disability claim. However, company policies can differ. To fully understand the legality in New York State, it's best to consult a local employment attorney.