Legal Question in Employment Law in Ohio

Family Medical Leave Act

I have applied for short term disabilty insurance at work for an upcoming surgery. My company says this disability time will run concurrently with FMLA. Is this legal? I thought FMLA time was unpaid time off work. I am a salaried employee with 28 years service. Is this a way to start tracking for attendance purposes ? Thanks.


Asked on 4/01/05, 8:16 pm

1 Answer from Attorneys
Eileen Joyce Baughman & Joyce LLC

Re: Family Medical Leave Act

As to you first question, yes, short-term disability and FMLA leave (even though unpaid as you�ve noted) can run concurrently and thus, your employer is permitted to designate the leave as FMLA leave even if you are paid under a disability policy.

I am not entirely certain what your second question is asking. Employers, of course, are free to track employees� attendance. It sounds like you may be asking whether your employer can count the FMLA leave as an absence under an attendance policy. If that is your question, the answer is no, FMLA leave (not to exceed 12 weeks) cannot be counted under an attendance policy and cannot be used as a negative factor.

Read more
Answered on 4/01/05, 10:13 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Ohio