The Ultimate Guide to Short Term disability and Maternity Leave (US)

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Short term disability leave is a period of time when a person stays away from their primary job due to temporary disability such as accidental injuries and illnesses. Maternity leave is the time a mum-to-be is officially excused from work or duty to give birth to or adopt her child.

After being involved in an accident or illness that leaves you temporarily disabled or when planning for the arrival or adoption of your new child, there are a lot of things to consider and prepare for. This guide is designed to help you with these two types of leave, including the requirements, how much time you can take, and the amount of money you may receive during your time off.

How Individual Short-Term Disability Works

Short term disability (STD) benefits pay a percentage of your salary for a specified amount of time due to a covered injury or illness. The payments may range from 40-60% of your weekly gross income. Requirements for getting disability benefits are that the incident that led to your incapacitation should have taken place on the job or after hours. However, there are some exclusions that may not be covered in the STD policy. Exclusions typically include injuries caused by participation in a riot, intentionally self-inflicted injuries and loss of occupational or professional license or certificate.

Employees are advised to file and submit a disability claim as soon as the incident takes place to ensure the claim is made in a timely manner.

The Family and Medical Leave Act (FMLA)

The FMLA entitles certain employees of unpaid, job-protected leave for specified medical and family reasons. Public agencies and companies with 50 or more employees are required to give eligible employees up to 12 workweeks of unpaid leave on a 12-month period.

The leave can be provided for the birth of a baby, foster care or adoption, to care of a close relative with a serious medical condition and to take leave when an employee is unable to perform work duties due to a serious medical condition.

Claim Approvals

If you need an FMLA leave, you must provide your employer with at least 30 days advance notice. If you need the leave unexpectedly, you must provide your employer with notice as soon as you can.

An employer is required to respond to an employee’s request for FMLA leave within five days of receiving the request or acquiring the knowledge that the employee needs an FMLA leave.

Qualifying Conditions

An employee’s request for an FMLA leave can be approved if they have been working with the employer for at least 12 months, they have worked with the employer for not less than 1,250 hours over the past 12 months and is employed at a company with more than 50 employers within 75 miles.

Follow Instructions

It is important that you follow your employer’s normal call-in or notice procedures when applying for an FMLA leave. Also, provide enough information so your employer knows that your reasons for the leave are covered by the FMLA.

Disclosure: collaborative post

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May 15, 2019
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