FMLA vs. Short-Term Disability: Which Do You Need?

If you're struggling with a mental health condition that's affecting your ability to work, you may be wondering whether to apply for FMLA leave, short-term disability, or both. Here's what you need to know.

Key Differences at a Glance

FeatureFMLAShort-Term Disability

Paid?No (job protection only)Yes (typically 60-70% of salary)
DurationUp to 12 weeks/yearVaries (usually 3-6 months)
Job ProtectionYesDepends on policy
Who Decides?EmployerInsurance company
DocumentationWH-380-E formDetailed clinical report

Understanding FMLA

The Family and Medical Leave Act (FMLA) provides:

Up to 12 weeks of unpaid, job-protected leave per year

Protection of your health benefits during leave

Right to return to your same or equivalent position

No income replacement

FMLA is a federal law that applies to all eligible employees at covered employers.

Understanding Short-Term Disability

Short-term disability (STD) insurance provides:

Income replacement (typically 60-70% of your salary)

Coverage for 3-6 months (varies by policy)

May or may not include job protection

Requires meeting your policy's definition of "disability"

STD is an insurance product, either through your employer or purchased individually.

Can You Use Both?

Yes! Many people use FMLA and short-term disability together:

FMLA protects your job

STD replaces your income

They run concurrently—meaning if you're approved for both, the 12 weeks of FMLA will run at the same time as your STD benefits.

Which Do You Need?

Choose FMLA if:

You need job protection but have other income sources

Your employer doesn't offer STD insurance

You only need intermittent leave (e.g., for appointments)

You want to use accrued PTO/sick leave

Choose Short-Term Disability if:

You need income replacement

You'll be out for an extended period

Your condition prevents you from working entirely

Choose Both if:

You want job protection AND income replacement

Your employer offers STD and you're FMLA-eligible

You're unsure how long you'll need to be out

Documentation Requirements

For FMLA:

WH-380-E form completed by a healthcare provider

Basic information about your condition and need for leave

Expected duration and frequency of leave

For Short-Term Disability:

Detailed clinical report with objective findings

Standardized psychological testing results

Functional limitations affecting work

Treatment history and prognosis

Specific inability to perform job duties

STD claims require more comprehensive documentation because insurance companies require objective evidence to approve claims.

Getting the Right Evaluation

If you need documentation for FMLA, short-term disability, or both, it's important to work with a provider who understands the specific requirements for each.

We offer:

FMLA Evaluations - Completed WH-380-E forms

Short-Term Disability Evaluations - Comprehensive reports for insurance

Combined Evaluations - Documentation for both at a reduced rate

Schedule Your Evaluation →

FMLA vs. Short-Term Disability: Which Do You Need?