In this video Marc Whitehead, Board Certified Disability Attorney, discusses how FMLA Interacts with your Disability Insurance Policy. If you have expectantly found yourself unable to work due to a disability you are probably wondering what rights you have to receive disability benefits and whether you'll still have a job if you are able to do work in the future. The short answer is that in certain work places you'll receive benefits and have limited protection under the Family Medical Leave Act. Lets look at that answer in a little bit more detail. What is FMLA? The Family Medical Leave Act was signed into Law in 1993 and protects eligible employees who need to take unpaid leave due to a family or medical emergency. The FMLA states that eligible employees can take up to 12 weeks of unpaid leave in the course of a year and after they have used up their 12 weeks of leave they can still return to the same job or an equivalent job with their employer. During this time the employee will continue to receive the same group health benefits that their employer would have offered them had they been working during this time. Unfortunately, if the employee is absent for longer than 12 weeks the employer can legally terminate them. Which employer must offer family leave? Not all employers are legally obligated to offer medical leave. Now all public sector agencies no matter what the size must comply with the FMLA but, only private sector organizations with 50 or more employees who work at least 20 or more weeks out of the year are required to offer the same leave. That means that employees in smaller work places are not protected by the Family Medical Leave Act. Who is eligible for Family Medical Leave? Even if your employer is covered by the FMLA there are some reasons why you might not be eligible for Family Medical Leave. In order to be protected by the FMLA employees just: Worked for their employers for at least 12 months. Have worked at least 12,050 hours for that employer in the last 12 months. They must work at a location where the employer has at least 50 employees within a 75 mile radius. In addition to the limited time frame and specific eligibility requirements, one problem that many employees encounter with the FMLA is the lack of support they receive from their employer during their leave of absence. Many employees who file for both Family Medical Leave and Short Term Disability Benefits will receive Family Medical Leave because their employer is legally obligated to give it to them, but they will be denied their Short Term Benefits. If you believe your employer is wrongfully denying your Short Term Benefits you may need to work with an experienced ERISA Attorney to file your disability claim. You can learn more about this by contacting our Law Firm directly and following our blog for the latest ERISA news and updates. For more information regarding Long Term Disability Claims download our free eBook: Disability Insurance Policies: How to Unravel the Mystery and Prove your Claim Visit https://disabilitydenials.com/individual-disability-insurance/ Or Contact our office to discuss your particular LTD issues Marc Whitehead & Associates Attorney at Law, LLP 403 Heights Blvd Houston, TX 77007 (713) 228-8888