Short Term Disability Laws

Short Term Disability Laws

Short term disability refers to the condition in which a working individual is injured or suffers from an illness, resulting in a disability for a short period of time.

The disability of the individual may not allow him to pursue with his job, resulting in loss of income, although for a short period of time.Nevertheless, employees with short term disability may also be subjected to discrimination due to their disability. Hence there are laws that protect these individuals from being discriminated. The laws clearly state that the employer must ensure that these employees are paid a part of their salary, when their absence from work is due to a minor injury, pregnancy or illness.

However, short term disability laws are not mandatory for an organization, as per the federal government rules. Nonetheless, some states like California, New Jersey, New York, Hawaii and Rhode Island have made it mandatory for the companies and establishments located in their states, to mandatorily provide the short-term disability for their employees. According to the laws in these states, the employers must provide short term disability benefits to their employees for at least 26 weeks.

However, some companies and organizations choose to provide short term disability, despite it not being mandatory as per state laws. In such cases, they are allowed to set their own rules and regulations while drafting the policy on short term disability and provision of benefits. In such cases, most employers choose to provide for short term disability only after affected employee has exhausted all his/her sick leaves.

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