An employee requesting a short-term disability leave is an expected event in any large company, and, in most cases, the administration is expected to satisfy such a claim. Therefore, managers should study the process and make plans in advance if any of their workers would require such accommodation. Overall, this demands knowing federal and state legislation that covers such situations and developing a companys benefits policy.
Temporary disability at the workplace is regulated by two federal laws: the Federal Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). The FMLA allows an employee to take up to a 12-week leave, unpaid, to recover from a health condition or take care of a family member (Managing disability benefits, n.d.). The ADA demands that companies make reasonable accommodations for people with disabilities, including providing paid leaves (Managing disability benefits, n.d.). However, the details vary depending on many determinants.
First, one should understand the terminology. Disability refers to a physical or mental condition that significantly limits ones abilities to perform major life activities, such as walking, hearing, learning, etc. (Managing disability benefits, n.d.). Temporary conditions like flu are not considered disabilities, but any associated disease may qualify as such. Summing up, temporary disability leave should be granted to an individual who cannot work due to an injury, illness, or pregnancy (Guerin, n.d.). Severe mental health conditions, such as depression, though typically subjected to more rigorous screening, are also included.
When the condition requires a significant treatment time and is not job-related (since such are covered by workers compensation), an employee may apply for short-term disability benefits. Many organizations have contracts with insurance companies though some firms offer self-funded benefits (Guerin, n.d.). Also, several states (California, Hawaii, New Jersey, New York, and Rhode Island) make it mandatory for companies to provide disability income plans (Guerin, n.d.). Payments are rarely a full salary, but rather a certain percentage. The amounts vary depending on the state, a companys policy, and the length of the employment period.
To sum up, when an employee asks for short-term disability leave, if the firm has a contract with an insurance company, the HR manager should begin by contacting their representatives to investigate the situation. If the company offers self-funded benefits, the conditions severity should be analyzed by the HR team. Apart from the companys internal policy, it is also essential to review federal and state laws.
References
Guerin, L. (n.d). Are you entitled to pay from your employer for a short term disability? Disabilities Secrets. Web.
Managing disability benefits (n.d.). Society for Human Resource Management (SHRM). Web.