FMLA and short term disability

Does FMLA and short term disability run at the same time or does FMLA start once the 6 week short term disability runs out?

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  • Your company policy will dictate how it runs in your company.  It is normally suggested to have a policy that allows you to run them concurrently.  Remember that FMLA is simply job and benefit protection.  You can't fire someone while on FMLA for being on FMLA.  STD is simply wage replacement.

  • Assuming that both tthe employer and employee are FMLA eligible, and that the employee's physical condition that warranted STD also qualifies as a "serious health condition" under the FMLA, the time spent on STD can also count against the employee's FMLA leave (i.e., the two time periods can run concurrently). You have to give the employee written notice right away of his/her FMLA qualification and obtain any medical certification that the employer usually gets for FMLA cert.
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