- Short-term disability laws might help individuals receive workplace benefits.Pregnant 2 image by Infs from Fotolia.com
In addition to state workers' compensation, the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) protect individuals who suffer from short- and long-term disabilities. Short-term disability medical insurance plans might provide coverage to recipients who suffer from a short-term injury or illness that prevents the individual from working. Private health-care policies use different rules to determine the level of benefits that individuals may receive. - Each state provides some type of temporary disability insurance and financial assistance for employees who might need medical and financial assistance as a result of injuries suffered during employment hours. Each state administers its own rules and methods of coverage. Generally, these state laws cover all employees who suffer job-site injuries. The compensation amounts differ depending upon the type of injury and the individual state rules.
- Title I of the ADA prohibits covered employers from using discriminatory factors to screen applicants or deny job advancement opportunities based upon their disability. Employers with 15 or more employees are covered by the ADA. The ADA prohibits discrimination against disabled individuals who are otherwise qualified for the job with reasonable accommodation. If an employee is limited in at least one major-life activity due to a physical or mental impairment, he is regarded as disabled or impaired. The ADA defines a major-life activity as an activity in which a person without a disability might accomplish with little or no effort, such as walking. The ADA does not specifically mandate employers to provide disability leave but requires reasonable accommodations. These accommodations might include work schedule modifications or leave. No specific leave duration is set and unless employers suffer undue financial hardship, then employees must be granted accommodations.
- The FMLA provides employees with up to 12 weeks of leave annually. The leave might be unpaid but must be related to a health concern to the employee's own health or the health of the employee's dependents. Employees must be provided benefits during their absence and must be restored to the exact or similar position. The FMLA applies to employers who have at least 50 employees that work within 75 miles of the employer's job site. There is no minimum size requirement for schools and public agencies. If the individual has worked for at least 12 months and 1,250 hours, he is covered. Employees may exercise leave for serious health conditions. The FMLA covers pregnancy, pre-natal and post-natal care. Although the Equal Employment Opportunity Commission recognizes these conditions are all temporary, but federal rules require employers to offer FMLA leave or short-term disability insurance leave to cover these short-term illnesses.
- The Social Security Administration will not provide benefits for short-term disabilities and will only provide benefits for individuals who suffer from long-term disabilities. A long-term disability is defined as an impairment that will last for at least 12 months or lead to death.
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