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FMLA/Short term disability Illinois
I work for a staffing agency that employs well over 50 people, i do qualify for FMLA and my question is, Should they be paying me short term disability under their workers comp program? I read an article in HRhero.com that workers comp pays a certain percentage while i'm on leave. Is this true? My employeer told me that their workers comp insurance only pays for those who get injured, not leave on FMLA. Please help.
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- 3 Comments
- No. These are completely different issues.
FMLA is unpaid leave which protects your job. That's all.
Work Comp is a partial replacement of your pay for on-the-job injuries. I doubt that would be the case with pregnancy.
Disability is how you get PAID when you are on leave and when you are certified by your physician as medically unable to work. Did you enroll in the staffing agencies short-term disability benefit (if they even offer one)? Have you already purchased an STD policy on your own? If neither, you're pretty much out of luck. Illinois is not one of the few states that has a mandatory state disability program.#1; Thu, 10 Apr 2008 07:52:00 GMT
- There I go with the Cliff's Notes version again. ;)#2; Thu, 10 Apr 2008 08:01:00 GMT
- Workers compensation and STD benefits are two different things; both of which are separate from FMLA.
Workers compensation is ONLY for those who are injured or become ill as a direct consequence of their employment. It is NOT available for those whose illness or injury was not work-related.
FMLA is unpaid leave time. STD benefits are how you get paid while you are on leave. FMLA and STD benefits can and do run concurrently, but they are not the same thing. FMLA can apply for both work related and non-work related injuries/illnesses.
In 99.9% of situations, you can receive EITHER workers comp benefits or STD benefits but not both. Either workers comp or STD can run concurrently with FMLA. Additionally, either workers comp or STD can apply when FMLA does not.
FMLA applies when ALL of the following are true:
1.) You have worked for your employer (in your case, the staffing agency) for a minimum of 12 months
2.) In the 12 months immediately preceding the leave, you worked a minimum of 1,250 hours
3.) Your employer has a minimum of 50 employees within 75 miles of your location
4.) You or a qualified beneficiary have a serious health condition as defined by the FMLA statute.
If even one of the above criteria is not true, FMLA does not apply.
FMLA is a Federal law and applies in all 50 states exactly as provided. Some states, NOT including IL, have their own state version of FMLA, but FMLA runs the same in all states.
There are five states, also not including IL, where either the state provides STD benefits or requires the employer to do so. In the other 45 states, including IL, it is up to the employer whether or not to provide STD (though workers comp is mandatory in all states except Texas). If the employer provides STD benefits, the STD policy will indicate what is and is not covered and under what conditions; also who is covered. If the employer does not provide STD benefits, the employee is on their own. (They may always purchase a private policy.)#3; Thu, 10 Apr 2008 08:00:00 GMT