Legal Question in Medical Leave in Georgia

Fmla and disability

I will be taking FMLA leave for the birth of my first child. I am required to use my sick leave time and therefore will be paid during my entire leave. Someone told me I can also apply for and recieve disability during this time, which seems like double dipping to me? Is this information correct?


Asked on 12/08/06, 1:53 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Fmla and disability

Typically, you won't be able to paid vacation time and paid short-term disability time. Most often, this works out by the employee taking the sick time as the waiting period before the employee is eligible to take the short-term disability. however, beware, most often short-term disability does not pay 100% of your wages whereas sick time typically does.

Of course, you first have to be eligible for short-term disability. This is determined by the language of the short-term disability plan.

You should first contact the HR people at your company to get more information about the plan and your options. If, after that you are still uncertain as to what to do, you may want to contact an attorney to work through your options.

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Answered on 12/09/06, 2:11 pm


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