When Are Employees Entitled to Medical or Short Term Disability Leave?

  1. Employment Law
  2. When Are Employees Entitled to Medical or Short Term Disability Leave?
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Short-term disability laws are not in effect in every state. However, Oklahoma does recognize the Family Medical Leave Act (FMLA) short-term disability laws. For many workers, the protections provided by these medical and short-term disability laws offer essential protection. Taking the time to understand your rights as an employee and applicable eligibility requirements under the law can be very helpful if an unavoidable situation eventually requires that you miss work.

What is the FMLA Family and Medical Leave Act?

Oklahoma’s short-term disability laws are part of the 1992 Family Medical Leave Act (FMLA) that provides job protection to workers in need of medical treatment or attention due to injury or illness (or a family member’s injury or illness that requires the employee’s care). Under the FMLA, employers cannot terminate or retaliate against employees who need this kind of assistance.

What Protections Does FMLA Offer?

FMLA does not guarantee employees will continue to receive their full salary during FMLA leave, but it does protect them against job loss if they need to take time off work to care for spouses or children or due to their own illness or injury. Under the Family and Medical Leave Act (FMLA), eligible employees of covered employers are entitled to take unpaid, job-protected leave for specified family and medical reasons. Additionally, they are allowed to take leave while enjoying the continuation of group health insurance coverage under the same terms and conditions in place before they took leave under FMLA.

When Is An Oklahoma Employee Eligible for Short Term Disability?

Under FMLA short-term disability law, an employee is eligible for short-term disability after being employed by one employer for at least 12 months and completing a minimum of 1,250 work clock hours. To be eligible under the law, an employee must not be a “key” employee.

Key Employees and Oklahoma Short Term Disability:

When discussing short-term disability law in Oklahoma, “key employee” generally refers to an individual that holds a primary managerial position or is another type of vital support staff that the employer cannot reasonably replace with another employee or temporary hire.

If you need help obtaining medical or short-term disability, contact Armstrong & Vaught P.L.C., Tulsa’s Premier Workers’ Compensation, Employment, and Social Security Law Firm. We have the experience you need on your side.

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