disneychrista
DIS Veteran
- Joined
- Dec 26, 2002
Yes, they are two different things. One is an act that protects your job while you are out and the other is income replacements. As long as company policy give you more job protected time then FMLA they are free to set their own policy's. Including FMLA not kicking in until your Short Term Disability ends.I think the problem I'm having is you're describing it as FMLA time.
That just hasn't been utilized the way you're describing IME and through HR paperwork. Like when my mom went out on Short-Term disability she did not use FMLA time as that made no sense whatsoever. That's up to 12 weeks of unpaid time. Why would anyone do that when they can instead get paid 60-70% (I believe that was Short-Term) when that is available. I think that's why the poster was bringing up the other ways their company did it.
At the company we worked at FMLA time was when you've exhausted your PTO (which could be 3,4,5,6+ weeks plus up to 40hours you could carry over year to year) for qualifying events but it was unpaid. Whereas short-term was use 40 hours of PTO (which is 100% fully paid) then short-term kicks in (at whatever percentage it was can't exactly remember).
I don't know about you but exhausting your PTO before FMLA can be used isn't an enhancement. I think what the law is there for is just to prevent a company from terminating you for a qualifying situation but that isn't the same thing as using FMLA time.
I guess what I'm trying to say is they are two completely different programs. FMLA is unpaid time. I sorta view it as it kicks in depending on one's company policies (or applicable state laws if there is one) but not mutually exclusive with other programs out there that a company may have. Not all companies have disability insurance or employees paid into that so in the absence of those FMLA is there.
Yes FMLA is unpaid but company policy can require you to use your paid leave while on FMLA or in California you can get CASDI (California Short-Term Disability insurance) or PFL (California Paid Family Leave). That I think is where the disconnect seems to be. FMLA is job protection. Disability, Sick. PTO, etc is income replacement. I have never worked for a company that offered its own short term disability (other than optional AFLAC coverage). Anyone who goes out (on FMLA protected leave) uses their own leave banks &/or CASDI.