--- title: What is the Difference Between Short-Term Disability & FMLA Leave? description: Short term disability and FMLA leave aren’t the same. Find out how they differ, when they overlap, and what each means for your business. image: https://blog.axcethr.com/hubfs/short-term-disability-and-FMLA-_1200-%C3%97-628-px_%20(1).webp --- - [Client Portal](https://www.axcethr.com/client-services/) - [Employee Login](https://www.axcethr.com/client-services/) [![AxcetHR Solutions Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png)](https://www.axcethr.com/) - [About Us](https://www.axcethr.com/about-us/) - [Corporate Philantropy](https://www.axcethr.com/about-us/corporate-philanthropy/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Values and Culture](https://www.axcethr.com/about-us/values-and-culture/) - [Kansas PEO](https://www.axcethr.com/about-us/kansas-peo/) - [Missouri PEO](https://www.axcethr.com/about-us/missouri-peo/) - [Careers](https://axcethrsolutions.prismhr-hire.com/) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [Why Choose Axcet?](https://www.axcethr.com/why-axcet/) - 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- - - [whatsapp://send?text=https://blog.axcethr.com/what-is-the-difference-between-short-term-disability-fmla-leave](whatsapp://send?text=https://blog.axcethr.com/what-is-the-difference-between-short-term-disability-fmla-leave) - [mailto:?subject=What%20is%20the%20Difference%20Between%20Short-Term%20Disability%20&%20FMLA%20Leave?&body=https://blog.axcethr.com/what-is-the-difference-between-short-term-disability-fmla-leave](mailto:?subject=What%20is%20the%20Difference%20Between%20Short-Term%20Disability%20&%20FMLA%20Leave?&body=https://blog.axcethr.com/what-is-the-difference-between-short-term-disability-fmla-leave) ![short-term-disability-and-FMLA (1)](https://blog.axcethr.com/hs-fs/hubfs/short-term-disability-and-FMLA%20(1).webp?width=1200&height=800&name=short-term-disability-and-FMLA%20(1).webp) When a serious health issue or family emergency strikes, your employees shouldn't have to worry about job security—or whether they’ll receive a paycheck. As an employer, you play a pivotal role in supporting your team through life’s biggest moments, from the birth of a child to recovering from surgery or caring for a seriously ill parent. But understanding short-term disability and FMLA leave—and how they work together—isn’t always straightforward. While both are commonly associated with medical-related absences, they serve very different purposes. Knowing how and when they apply will help you stay compliant, support employee well-being, and avoid costly missteps. ## What Is Short-Term Disability? Short-term disability (STD) is a type of insurance coverage that replaces a portion of an employee’s wages when they’re temporarily unable to work due to a non-work-related illness or injury. It’s an optional benefit, typically offered by employers, though individuals can also purchase policies on their own. ### Key Features of Short-Term Disability: - **Covers temporary medical conditions** like surgery recovery, serious illness, pregnancy complications or mental health issues. - **Wage replacement** usually ranges from 40% to 70% of an employee’s regular pay. - **Waiting period** (also called an elimination period) often ranges from 7 to 30 days. - **Benefit duration** typically lasts from 3 to 6 months, sometimes up to a year. - **Does not guarantee job protection.** Employers may choose to cover the full premium or offer plans where employees contribute. There are also voluntary options where employees pay the full premium. A [healthcare PEO](https://blog.axcethr.com/peo-vs.-insurance-broker) can help you decide which benefit avenue is right for your business.  RELATED: [Can We Talk? Avoiding Legal Land Mines with Employees on FMLA Leave >>](https://blog.axcethr.com/can-we-talk-avoiding-legal-land-mines-with-employees-on-fmla-leave)  ## Types of Short-Term Disability Insurance Not all short-term disability plans are structured the same. As an employer, you have several options when deciding how to offer this benefit: ### **Employer-Paid (Traditional) Plan** The employer pays 100% of the premium. This is often seen as a competitive benefit and can boost employee satisfaction and retention. ### **Contributory Plan** The cost is split between the employer and employee. This shared model balances affordability for the business with meaningful coverage for employees. ### **Core Buy-Up Plan** The employer provides base coverage at no cost, and employees can “buy up” for additional coverage through payroll deductions. ### **Voluntary Plan** The employee pays the entire premium. While it reduces the employer’s financial burden, participation rates may be lower unless well communicated. Choosing the right plan depends on your workforce’s size, needs and budget. Axcet HR Solutions can help evaluate your options and administer the plan with ease. [![uncommon FMLA situations employers need to know](https://no-cache.hubspot.com/cta/default/2652187/22aff4e7-f61f-4439-8168-f49a1d3deef3.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/22aff4e7-f61f-4439-8168-f49a1d3deef3) ## What Is FMLA Leave? The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. It applies only to companies with 50 or more employees, and only to employees who have worked at least 12 months and 1,250 hours in the past year. ### FMLA Leave Covers: - The birth or adoption of a child - A serious health condition (the employee’s own or an immediate family member’s) - A qualifying military exigency or care for a covered service member During FMLA leave, group health benefits must continue as if the employee were actively working. When the leave ends, the employee must be reinstated to their previous role or an equivalent position. RELATED: [Unraveling the FMLA in Uncommon Situations >>](https://blog.axcethr.com/unraveling-the-fmla-in-uncommon-situations) ## Are FMLA and Short-Term Disability the Same? No—and this is a common point of confusion. While they may apply during the same time period, FMLA and short term disability are not the same: - **FMLA** is a legal job protection—not an income replacement. - **Short-term disability** is an income benefit—not a legal protection. You can offer both, but they operate independently. [![New call-to-action](https://no-cache.hubspot.com/cta/default/2652187/04eaf706-4c0e-4e48-aeca-422412b8cf2e.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/04eaf706-4c0e-4e48-aeca-422412b8cf2e) ## Can You Use FMLA and Short-Term Disability Together? Yes—**FMLA and short-term disability can run concurrently**, and often do. Here’s how it works in practice: - An employee has a baby, major surgery, or is diagnosed with a serious illness. - If they qualify, they take **FMLA leave** for job protection. - At the same time, their **short-term disability policy** provides partial wage replacement. The FMLA clock continues ticking while disability payments are made. After 12 weeks of FMLA, job protection ends—but STD benefits may continue for several more weeks or months, depending on the plan. ## Short Term Disability vs FMLA: Key Differences for Employers | **Feature** | **Short Term Disability** | **FMLA Leave** | | --- | --- | --- | | **Type** | Insurance benefit | Federal employment law | | **Purpose** | Replaces a portion of wages during medical leave for the employee | Protects the employee's job during qualifying medical or family leave | | **Paid?** | Yes, typically 40-70% wage replacement via insurance policy | No, the FMLA provides unpaid leave | | **Duration** | Typically 3 to 6 months (some plans may extend up to 12 months) | Up to 12 weeks per year | | **Applies to** | Employee's own non-work-related illness or injury  | Employee's serious health condition, or care for family member, or birth/adoption | | **Job Protection?** | No, unless the employer chooses to offer it separately | Yes, job protection is legally required under the FMLA | | **Concurrent Use?** | Yes, often used during FMLA leave to provide income while job is protected | Yes, can run concurrently with short term disability if the reason qualifies | [![FMLA Leave for Mental Health Conditions](https://no-cache.hubspot.com/cta/default/2652187/0db16ae4-de1c-48c7-84b7-2d06e75e2ff3.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/0db16ae4-de1c-48c7-84b7-2d06e75e2ff3) ## When Does Short-Term Disability Apply? Coverage varies by policy, but typically includes: - Serious illness (e.g., pneumonia, cancer treatment) - Surgery recovery - Pregnancy and childbirth recovery - Mental health conditions - Accidental injuries (non-work-related) Note:  Work-related injuries are generally covered under [workers’](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/workers-compensation-insurance/)[ comp insurance](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/workers-compensation-insurance/), not short-term disability. ## What About the Waiting Period? Most short-term disability policies have a waiting or elimination period—usually 7 to 30 days—before benefits begin. During this time, employees may use PTO or sick leave. RELATED: [How to Help Employees Return to Work After Extended Leave >>](https://blog.axcethr.com/how-to-help-employees-return-to-work-after-an-extended-leave) ## What Happens After FMLA Ends? FMLA guarantees job protection only for 12 weeks. After that: - If short-term disability coverage continues, wage replacement may still be available. - Employers are not legally required to hold the job—but many choose to, especially if the employee is expected to return soon. - Be mindful of applicable state laws or your own company policies, which may provide extended protections. **RELATED:** [What Employers Need to Know About FMLA Intermittent Leave >>](https://blog.axcethr.com/what-employers-need-to-know-about-fmla-intermittent-leave) ## FAQ: FMLA and Short Term Disability ### Q: Can you use FMLA and short-term disability together? **A:** Yes. If the employee qualifies for both, short-term disability can provide partial wage replacement while FMLA provides job protection. ### Q: Are FMLA and short-term disability the same? **A:** No. FMLA is an unpaid, federally mandated leave law. Short-term disability is a benefit plan that replaces wages during certain medical absences. ### Q: What’s the difference between FMLA and short-term disability? **A:** The key difference is that FMLA protects the employee’s job but doesn’t provide income, while short-term disability provides partial income but doesn’t guarantee job protection. ### Q: Do I have to offer short-term disability? **A:** No. It’s optional unless required by your state. However, it’s a popular benefit and often expected by employees. [![PEO Health Insurance & Employee Benefits](https://no-cache.hubspot.com/cta/default/2652187/interactive-184585319203.png)](https://blog.axcethr.com/hs/cta/wi/redirect?encryptedPayload=AVxigLJUANotCugBXCjoHCNGUIFWUEF9L%2FYe99DP%2FQ%2FZnrpmAAyf1vadYDuUg3uNcOM4NS8ZfDJ7LCod9GUmp9FOBRzvEC8NqrA1pGaDmc%2B2Jci1CSITdlm4rOaz4u1WLxJA7NRjv5sAV%2BD%2B4h2Z6LkQ%2BP3P%2BmQtIcZmDxcxRdw4I4FyLBrH1OI%2BUomFFw%2Fg2fqZOPt6hvkNqVGs03BOaclRVHXtEgke7Fgi5JOKyW88Az3JaeF%2FtNe7o46xcCXQUT%2BVdsaLBN3QLId5n257tJ0P8khgOVxQgTjZY5BnlpGc0UgrPw%3D%3D&webInteractiveContentId=184585319203&portalId=2652187) ## Axcet HR Solutions: Your Partner in Leave Compliance & Employee Benefits Balancing compliance and compassion isn’t easy—but you don’t have to do it alone. As a [certified professional employer organization (CPEO)](https://blog.axcethr.com/cpeo-vs-peo) headquartered in Kansas City, Axcet HR Solutions helps small and mid-sized businesses nationwide with: - FMLA administration and compliance - Designing and managing short-term disability plans - Supporting employees through medical leave transitions Whether you need to navigate a specific employee leave or want to build a benefits package that attracts and retains top talent, we’re here to help. 👉 Schedule a consultation today » [![Kansas City PEO Small Businesses Contact Kansas Missouri](https://no-cache.hubspot.com/cta/default/2652187/9cb1f5dc-8637-4cbb-8a8f-7cc0ebc7f324.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/9cb1f5dc-8637-4cbb-8a8f-7cc0ebc7f324) [![Mariah Collins, SHRM-SCP](https://blog.axcethr.com/hs-fs/hubfs/Mariah_DSC6768-Edit.jpg?width=80&height=80&name=Mariah_DSC6768-Edit.jpg)](https://blog.axcethr.com/author/mariah-collins) Written by #### [Mariah Collins, SHRM-SCP](https://blog.axcethr.com/author/mariah-collins) Mariah Collins, SHRM-SCP, is a Human Resources Consultant at Axcet HR Solutions, specializing in people management, process improvement, and project management. With a strong background in payroll, benefits, and employee relations, she brings over four years of experience in providing HR solutions to small businesses. Mariah holds a Bachelor of Business Administration in Human Resources from Emporia State University and is known for her expertise in helping businesses streamline HR processes while ensuring compliance. Her contributions to the Axcet blog reflect her deep understanding of HR challenges and her commitment to supporting small business owners. Read more [View all posts →](https://blog.axcethr.com/author/mariah-collins) ### Get HR Updates ### Table of Contents ### Related Resources - [services Human Resources](https://www.axcethr.com/services/human-resources/) #### [From Charges to Resolution: Mastering EEOC Mediation and Settlement ![EEOC mediation](https://blog.axcethr.com/hubfs/EEOC-mediation-_1200-x-628-px_%20(1).webp)](https://blog.axcethr.com/eeoc-mediation-and-settlement-faqs-for-employers) #### [![salary to hourly pay](https://blog.axcethr.com/hubfs/feb%2024%20blog%20image%202.png) When to Consider Switching Employees from Salary to Hourly Pay](https://blog.axcethr.com/when-hourly-met-salary-should-you-switch-salaried-exempt-employees-to-hourly-pay) ## Let us know what you think... ![AxcetHR Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Expertise](https://www.axcethr.com/expertise/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Subscribe to Latest Resources](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [\[ Client Portal \]](https://www.axcethr.com/client-services/) - - - - - Search for: Copyright © 2023 Axcet HR Solutions – Kansas City's PEO Since 1988 | [Privacy Policy](https://www.axcethr.com/privacy-policy/) | [Terms and Conditions](https://www.axcethr.com/terms-conditions/) | [**Join our Team – Careers »**](https://axcethrsolutions.prismhr-hire.com/) 10975 Grandview Drive Suite 200, Corporate Woods Building 27, Overland Park, KS 66210 | Call us: 913-383-2999 *The IRS does not endorse any particular For more information on [certified professional employer organizations](https://www.axcethr.com/why-axcet/certified-peo/), go to [www.irs.gov](https://www.irs.gov).* Remove cookies ![](https://dc.ads.linkedin.com/collect/?pid=43031&fmt=gif) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Mariah Collins, SHRM-SCP", "url" : "https://blog.axcethr.com/author/mariah-collins" }, "dateModified" : "2025-06-24T18:11:23.167Z", "datePublished" : "2025-06-23T18:00:00.000Z", "headline" : "What is the Difference Between Short-Term Disability & FMLA Leave?", "image" : [ "https://blog.axcethr.com/hubfs/short-term-disability-and-FMLA-_1200-%C3%97-628-px_%20(1).webp" ], "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/what-is-the-difference-between-short-term-disability-fmla-leave", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hubfs/_logo_axcethr_primary.png" }, "name" : "Axcet HR Solutions" } } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" }, "aggregateRating" : { "@type" : "AggregateRating", "bestRating" : "5", "ratingValue" : "5", "reviewCount" : "100" }, "areaServed" : { "@type" : "Country", "name" : "United States" }, "award" : [ "IRS Certified Professional Employer Organization (CPEO)", "Award-Winning HR Solutions Provider", "SHRM Certified HR Professionals", "HRCI Certified HR Professionals" ], "contactPoint" : { "@type" : "ContactPoint", "areaServed" : "US", "availableLanguage" : "English", "contactType" : "Customer Service" }, "description" : "Award-winning Professional Employer Organization (PEO) providing comprehensive HR solutions, payroll services, employee benefits, and risk management to small and mid-sized businesses. 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As an employer, you play a pivotal role in supporting your team through life’s biggest moments, from the birth of a child to recovering from surgery or caring for a seriously ill parent. But understanding short-term disability and FMLA leave—and how they work together—isn’t always straightforward. While both are commonly associated with medical-related absences, they serve very different purposes. Knowing how and when they apply will help you stay compliant, support employee well-being, and avoid costly missteps. What Is Short-Term Disability? Short-term disability (STD) is a type of insurance coverage that replaces a portion of an employee’s wages when they’re temporarily unable to work due to a non-work-related illness or injury. It’s an optional benefit, typically offered by employers, though individuals can also purchase policies on their own. Key Features of Short-Term Disability: Covers temporary medical conditions like surgery recovery, serious illness, pregnancy complications or mental health issues. Wage replacement usually ranges from 40% to 70% of an employee’s regular pay. Waiting period (also called an elimination period) often ranges from 7 to 30 days. Benefit duration typically lasts from 3 to 6 months, sometimes up to a year. Does not guarantee job protection. Employers may choose to cover the full premium or offer plans where employees contribute. There are also voluntary options where employees pay the full premium. A healthcare PEO can help you decide which benefit avenue is right for your business. RELATED: Can We Talk? Avoiding Legal Land Mines with Employees on FMLA Leave >> Types of Short-Term Disability Insurance Not all short-term disability plans are structured the same. As an employer, you have several options when deciding how to offer this benefit: Employer-Paid (Traditional) Plan The employer pays 100% of the premium. This is often seen as a competitive benefit and can boost employee satisfaction and retention. Contributory Plan The cost is split between the employer and employee. This shared model balances affordability for the business with meaningful coverage for employees. Core Buy-Up Plan The employer provides base coverage at no cost, and employees can “buy up” for additional coverage through payroll deductions. Voluntary Plan The employee pays the entire premium. While it reduces the employer’s financial burden, participation rates may be lower unless well communicated. Choosing the right plan depends on your workforce’s size, needs and budget. Axcet HR Solutions can help evaluate your options and administer the plan with ease. What Is FMLA Leave? The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. It applies only to companies with 50 or more employees, and only to employees who have worked at least 12 months and 1,250 hours in the past year. FMLA Leave Covers: The birth or adoption of a child A serious health condition (the employee’s own or an immediate family member’s) A qualifying military exigency or care for a covered service member During FMLA leave, group health benefits must continue as if the employee were actively working. When the leave ends, the employee must be reinstated to their previous role or an equivalent position. RELATED: Unraveling the FMLA in Uncommon Situations >> Are FMLA and Short-Term Disability the Same? No—and this is a common point of confusion. While they may apply during the same time period, FMLA and short term disability are not the same: FMLA is a legal job protection—not an income replacement. Short-term disability is an income benefit—not a legal protection. You can offer both, but they operate independently. Can You Use FMLA and Short-Term Disability Together? Yes—FMLA and short-term disability can run concurrently, and often do. Here’s how it works in practice: An employee has a baby, major surgery, or is diagnosed with a serious illness. If they qualify, they take FMLA leave for job protection. At the same time, their short-term disability policy provides partial wage replacement. The FMLA clock continues ticking while disability payments are made. After 12 weeks of FMLA, job protection ends—but STD benefits may continue for several more weeks or months, depending on the plan. Short Term Disability vs FMLA: Key Differences for Employers Feature Short Term Disability FMLA Leave Type Insurance benefit Federal employment law Purpose Replaces a portion of wages during medical leave for the employee Protects the employee's job during qualifying medical or family leave Paid? Yes, typically 40-70% wage replacement via insurance policy No, the FMLA provides unpaid leave Duration Typically 3 to 6 months (some plans may extend up to 12 months) Up to 12 weeks per year Applies to Employee's own non-work-related illness or injury Employee's serious health condition, or care for family member, or birth/adoption Job Protection? No, unless the employer chooses to offer it separately Yes, job protection is legally required under the FMLA Concurrent Use? Yes, often used during FMLA leave to provide income while job is protected Yes, can run concurrently with short term disability if the reason qualifies When Does Short-Term Disability Apply? Coverage varies by policy, but typically includes: Serious illness (e.g., pneumonia, cancer treatment) Surgery recovery Pregnancy and childbirth recovery Mental health conditions Accidental injuries (non-work-related) Note: Work-related injuries are generally covered under workers’ comp insurance, not short-term disability. What About the Waiting Period? Most short-term disability policies have a waiting or elimination period—usually 7 to 30 days—before benefits begin. During this time, employees may use PTO or sick leave. RELATED: How to Help Employees Return to Work After Extended Leave >> What Happens After FMLA Ends? FMLA guarantees job protection only for 12 weeks. After that: If short-term disability coverage continues, wage replacement may still be available. Employers are not legally required to hold the job—but many choose to, especially if the employee is expected to return soon. Be mindful of applicable state laws or your own company policies, which may provide extended protections. RELATED: What Employers Need to Know About FMLA Intermittent Leave >> FAQ: FMLA and Short Term Disability Q: Can you use FMLA and short-term disability together? A: Yes. If the employee qualifies for both, short-term disability can provide partial wage replacement while FMLA provides job protection. Q: Are FMLA and short-term disability the same? A: No. FMLA is an unpaid, federally mandated leave law. Short-term disability is a benefit plan that replaces wages during certain medical absences. Q: What’s the difference between FMLA and short-term disability? A: The key difference is that FMLA protects the employee’s job but doesn’t provide income, while short-term disability provides partial income but doesn’t guarantee job protection. Q: Do I have to offer short-term disability? A: No. It’s optional unless required by your state. However, it’s a popular benefit and often expected by employees. Axcet HR Solutions: Your Partner in Leave Compliance & Employee Benefits Balancing compliance and compassion isn’t easy—but you don’t have to do it alone. As a certified professional employer organization (CPEO) headquartered in Kansas City, Axcet HR Solutions helps small and mid-sized businesses nationwide with: FMLA administration and compliance Designing and managing short-term disability plans Supporting employees through medical leave transitions Whether you need to navigate a specific employee leave or want to build a benefits package that attracts and retains top talent, we’re here to help. 👉 Schedule a consultation today »", "author" : { "@id" : "https://blog.axcethr.com/author/mariah-collins#author", "@type" : "Person", "name" : "Mariah Collins, SHRM-SCP", "url" : "https://blog.axcethr.com/author/mariah-collins" }, "dateCreated" : "2025-06-23", "dateModified" : "2025-06-24", "datePublished" : "2025-06-23", "description" : "When a serious health issue or family emergency strikes, your employees shouldn't have to worry about job security—or whether they’ll receive a paycheck. 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