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How does disability insurance work.
If i m on work leave due to injury do i put that i have a disability on insurance form. To use fmla leave you or your family member must have an injury impairment illness or physical or mental condition that involves. Many people are surprised to hear that you can legally be fired from your job while on leave and you also aren t entitled to the exact same position when you return. Fmla allows eligible employees to take unpaid leave for up to 12 weeks in a 12 month period. In addition state workers compensation laws have leave provisions that may apply.
When employees are injured or disabled or become ill on the job they may be entitled to medical and or disability related leave under two federal laws. Eligible employees may take fmla leave for their serious health condition or to care for a family member with a serious health condition. This would reduce the 12 weeks of fmla leave that is available each year for a qualified employee. The family medical leave act fmla entitles eligible employees to job protected leave for qualifying reasons.
Most disabilities qualify as serious health conditions but not all do. Fmla also protects the employee s job during the leave period and at the end of the leave an employer must return the employee to his or her original job or its equivalent. Unlike a leave of absence you might take under the family and medical leave act fmla short term disability doesn t offer any direct job protection. There are actually two types of disability insurance.
If the employer does require that an employee take fmla leave then he must notify the employee in writing. The americans with disabilities act ada and the family and medical leave act fmla. You may have purchased your own short term disability plan. Short term disability insurance replaces a portion of your paycheck for a short period of time.
Employers have the right to force injured workers to count time off as fmla leave if the employee is recovering from a work injury.
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