Legal Question in Medical Leave in Tennessee
Short-Term Disability and FMLA
My wife is about to have our first baby, and her company allows her to use short-term disability for maternity leave. However, her supervisor says that the 8-weeks alloted to her (from the std) will count against her FMLA time. Is this a correct interpretation of the act?
Thank you
2 Answers from Attorneys
Re: Short-Term Disability and FMLA
Agree with the advice above.
You can negotiate this though, so don't just take it as read that you have to do it this way. It may be to your benefit to negotiate a different package.
Re: Short-Term Disability and FMLA
Probably yes. An employer is permitted to count periods of paid leave against FMLA time.
It is sometimes useful to remember that FMLA is a job protection statute. This means that it does not grant you leave, rather its purpose is to protect your job during times that you have to take leave.
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