Legal Question in Employment Law in Florida

Re: FMLA Terminiation if out longer than 12 weeks

Short and Long Term disability are separate from FMLA. Disability is insurance which pays you while you are out of work for covered illnesses and injuries. FMLA is a protection given to some workers to ensure that they have a job available to return to following an illness or injury. FMLA is not available to all workers in all situations, and only provides for 12 weeks of protection.

It is possible that if you are out for more than 12 weeks, even if your employer is subject to FMLA, that your position could go to someone else. FMLA does not require an employer to hold a position indefinitely while waiting for an employee to return.

I would suggest that you evaluate your long and short term disability policies and ensure that they have a premium waiver provision which will keep the policies in force while you are receiving benefits. Also, if these policies are paid even partially by your employer make sure that the premiums will still be paid during your time of FMLA.

If you have any questions about this please feel free to contact me.