Legal Question in Medical Leave in California
Determining Disability vs. Medical Leave vs. FMLA
I am in need of a short-term leave from work. I don�t know how long I will be out for leave, but get confused trying to decipher the company paperwork. Is there a difference between a medical Leave of Absence, and short-term disability? It appears they will pay me any �sick pay� I have on the books. It looks like they also require me to file as FMLA. I qualify for FMLA, but do not have paperwork turned in currently. My understanding is by doing so I am guaranteed my job for up to 12 weeks.
My question is if I have a choice of classifying it as FMLA, or not. My current problem is a pinched nerve/muscle issue unrelated to my chronic condition that qualifies me for FMLA. All of the time I am out would eat into the rest of the year�s FMLA allotment. I have rarely used more than 20 hours/year of Family Leave, but you never know. It sounds like I would be shooting myself in the foot by using all of my sick leave and FMLA.
I have over 13 years in a union job. My current position is rather specialized but I am willing and able to work a �regular� job. I believe my union contract protects me to bump into any job that I have seniority to hold, so it shouldn�t be an issue of a job coming back from leave.
1 Answer from Attorneys
Re: Determining Disability vs. Medical Leave vs. FMLA
There are many different laws that may apply to the need take medical leave from work. They are not necessarily mutually exclusive, sometimes they can overlap.
For example, if you are seriously ill or injured and expect to be out for an extended time, you can request protected leave under FMLA, assuming you are qualified, and may be eligible for short term disability through the employer's insurance carrier or through the state SDI plan.
Each law has its own qualifying criteria and each is intended to serve a specific purpose. You seem to be concerned about exhausting your FMLA time for future use but, generally, FMLA is not to use for a short term illness, like having the flu. It is usually for something more serious. And under FMLA, the employer does not have to pay you, though you may be entitled to a portion of your salary being paid through EDD. You can also ask the employer to pay you by using sick and vacation pay you have accrued.
Sometimes the rules are complex and confusing. You should read over the company benefit policies carefully and, if necessary, speak to an HR Rep. to get the company's stance on how they apply the benefits. If you are still confued, you should consult with an employment law attorney to explain how the laws apply.
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