The key to untangling the web of FMLA, Workers Compensation, ADA and STD benefits is understanding the obligations under each statute and then, if the laws conflict or are applied simultaneously, you grant whichever provides the employee the greater benefit.

FMLA: The Family Medical Leave Act is an unpaid, job protection statue, period. It requires that leave be provided for an employee for his/her own serious health condition or to care for certain family members with a serious health condition, if the employee meets its eligibility criteria and guarantees the employee return to the same or a substantially equivalent job.

WC: Workers Compensation is insurance that is mandated by the state of Connecticut for any company with 1 or more employees. Workers compensation insurance is not a job protection statute, but provides monetary benefits in the terms of income replacement and payment for the treatment for a work related injury or illness.

The FMLA defines 'serious health condition' broadly and the statute does not distinguish between work-related and non-work-related injuries. Therefore, whenever an employee is injured on the job and needs time off to recover, you should immediately determine if the employee is eligible for leave under the FMLA and notify the employee in writing, if the leave is covered under the FMLA, so that the leave time may be counted against the employees FMLA entitlement. If you do not run the WC leave concurrently with the FMLA leave, the employee may still be entitled to the full FMLA leave after the WC leave.

STD: Short Term Disability is purely income replacement insurance. This coverage is not required in the state of Connecticut, however some states, NY and NJ for instance, do mandate STD coverage.

As in the case of WC leave, you should immediately determine if the employee is eligible for leave under the FMLA and notify the employee in writing.

Since FMLA is unpaid leave, an employee who is out of work due to a non-work-related serious health condition may elect to use vacation or sick leave time provided by the employer, and/or collect Short Term Disability benefits, where provided, subject to the employer policies.

ADA: The Americans with Disabilities Act is in part a job protection statute. It provides for reasonable accommodation, for a worker with a disability, which may be a leave of absence in some cases.

A leave of absence is only required if it conceivably would allow the employee to return to work, to his or her particular job (not a substantially equivalent job) and would not impose an undue hardship on your organization.

In the event of an ADA leave, that qualifies as a serious health condition', FMLA leave would run concurrently with the ADA leave and you should notify the employee in writing.

Since both the ADA and FMLA are unpaid leaves, an employee who is out of work on ADA and/or FMLA may use vacation or sick leave time provided by the employer, and/or collect Short Term Disability benefits, where provided, subject to the employer policies.

Administration of these regulations is complex and can be overwhelming often requiring the attention of an HR professional. GBAC offers a full HR consulting division to help you deal with these and the myriad of other employee/employer related issues that can cross your desk on a daily basis. Let us assist you so that you can focus on your core business.

ABOUT GBAC

GBAC has been providing superior insurance products and services to businesses and families for over 35 years. Our dedicated team of benefit experts specialize in every type of insurance coverage. With unparalleled customer service, our mission is to provide the very best value to our clients. Let GBAC take some or all of the responsibility of managing your healthcare program and allow you more time to focus on your business. For additional information on our full line of HR Consulting Services please click here, speak with your GBAC account manager or contact Pamela Wilkens, Director of HR Consulting at 203-985-1709