Delaware Short Term Disability Laws
If an employee takes a short-term disability leave a second time in the year, it is possible for them to lose their job. Employers reserve the right to count short-term disability as the weeks allotted by FMLA. The only requirement is that the employer present documentation that the disability time will be counted as FML weeks.
Some states might have laws that protect individuals on short-term disability beyond that of FMLA. It is important to know the state requirements for short-term disability. At minimum, FMLA protects most individuals working for larger companies for a year or more. FMLA provides up to three months, or twelve weeks of time off with job protection for medical reasons. Once those twelve weeks are exhausted, this law no longer applies.
Unless there is a state short-term disability law that says otherwise, an individual might receive the benefit of paid leave for a second time in the year, but lose their position. Generally speaking, short-term disability only offers income and not job protection. If an employer feels that they would rather terminate someone’s employment because they took too much time off during the year, they probably have a right to do so.
Company policies should be clear and consistent regarding paid time off. As mentioned earlier, FMLA protects the jobs of many individuals. If the company plans to count the weeks off, they need to notify the employee in advance. They should also treat other employees in the same manner. If they terminate someone for taking additional leave, but don’t terminate someone else in a similar situation, they could be sued. Discrimination is against the law, and that kind of favoritism is frowned upon.
Attendance is important for the proper functioning of just about every single business out there. It is difficult to run a profiting company if key employees miss half of the year. Things happen where people truly need to take time off, but unfortunately, in some cases it can cost them their job.
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