FMLA vs. Short Term Disability

The Family Medical Leave Act (FMLA) and the various short-term disability plans offered through employers and insurance firms are designed to protect your financial interests when illness or injury cause you to miss work. Many workers in the United States are covered by both the FMLA and a short-term disability plan, while others receive no protection under either of these programs. You can better protect your own interests if you gain a good understanding of the features and benefits of both these programs.


Workers can quickly use up their paid sick days if they suffer a severe illness or injury. Short-term disability plans are insurance contracts that provide you with an income source when you have expended your paid time off. Some employers and government agencies fund these plans on behalf of employees, but you can also buy your own disability insurance if you are not covered by a group plan.

While short-term disability plans are optional, provisions of the FMLA apply to workers in all 50 states. Businesses with 50 or more employees working within a 75-mile radius are required to let workers take time off under FMLA rules. You can miss work under the FMLA if you have been working for your current employer for at least 12 months and you worked at least 1,250 hours during the last 12 months.


The federal government created the FMLA to prevent employers from firing workers who missed work due to sickness or injury. Your employer cannot fire you for being absent from work if you are taking a leave of absence under the FMLA. However, the federal government does not require your employer to pay you while you are absent from work.

In contrast, short-term disability plans provide you with income payment. However, you usually must have been employed for a certain period of time before you qualify for benefits. In many cases, short-term disability plans provide you with income payments equal to 60 percent of your base salary.

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Under the FMLA you can miss up to 12 weeks from work per calendar year. You can take 12 consecutive weeks off work, or you can take intermittent days off over the course of the year. Your employer might require you to provide 30 days advance notice before taking a leave of absence.

Short-term disability plans of varying lengths are available through different employers and insurance firms. Some plans provide you with income benefits for up to a year. As with most types of insurance, the more expensive plans tend to provide the most comprehensive coverage.


Typically, short-term disability plans are designed to provide you with income if you are unable to work due to illness or injury. Most employer sponsored plans do not provide you with benefits if you miss work due to a health condition impacting one of your family members.

Under the FMLA, you can miss work due to your own sickness or injury but you can also miss work due to such events affecting your immediate family members. Additionally, you can miss work under the FMLA after the birth of your child or if you adopt a child. Such absences can occur any time within 12 months of the actual birth or adoption.



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