Legal Question in Medical Leave in Indiana

Forced to take both short term disability and FMLA leave at the same time

Hello I am having a problem with the company I work for. They are telling all employees that they must take their FMLA and short term disability (''sick'') leave at the same time. Can they do this? Even if the reason for the STD or ''sick'' leave does not qualify for FMLA?

I had surgery on my foot last July and just returned to work and need to take FMLA for a health problem I have. When I asked for my papers I was told that I didn't have any FMLA time left due to being off for my surgery even though my surgeon never filled out FMLA papers for my surgery.


Asked on 3/02/05, 9:32 pm

1 Answer from Attorneys
Andrew Dutkanych Biesecker & Dutkanych

Re: Forced to take both short term disability and FMLA leave at the same time

A company may count time taken as Short Term Disability toward an individual's 12 weeks of FMLA leave. Generally, if an individual qualifies for STD benefits, then that person's condition would also qualify for FMLA leave. Please feel free contact me at 1-812-424-1002 if you have any additional questions regarding your situation.

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Answered on 3/03/05, 10:22 am


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