Legal Question in Medical Leave in Maryland
FMLA vs short term disability
After having an operation, I will be using short term disability for approx. 6 weeks. Does my employer have the right to count the time missed against the FMLA yearly alotment? I thought my FMLA would remain intact for the time I may need to take off for my sick mother and not to be applied to the time I take off (since I'm using short term disability).
1 Answer from Attorneys
Re: FMLA vs short term disability
The FMLA is for leave taken to care for, attend to, or facilitate care of a family member and is not for personal illness, incapacitation, or medical treatment. Application of the FMLA varies on the size of the employer and whether the employer is a private concern. Typically, a public (i.e., government employee) has the right to designate the use of FMLA leave, including leave without pay, in lieu of the employer choosing to apply accrued annual leave. An employee of a private company does not have this luxury; however, company policy must be applied consistently. All this said, your matter lies in the company's policies. Based on your question, either you have misunderstood the FMLA or someone at your company has. If the latter is true, you may benefit from an attorney reviewing the matter and placing a letter of compliance upon the company. I am available at (410) 799-9002 if you wish to discuss.
G. Joseph Holthaus III
(410) 619-5918 (voice mail)
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