Difference Between FMLA and SICK LEAVE

FMLA vs SICK LEAVE

FMLA stands for Family and Medical Leave Act while Sick Leave or paid sick leave means the number of days off the employee is entitled to with full pay and benefits.

FMLA is a federal act that was passed in 1993 and applies to the entire United States of America. This act provides an ‘eligible’ employee be entitled to a minimum of 12 weeks of unpaid leave due to serious illness of self or a family member. The Sick Leave, however, is a benefit that is provided by the employer. This is not guaranteed under any federal law or act. Some states in the United States of America have legislations outlining the minimum Sick Leave to be provided but most other states are still working on bringing in legislations.

The major difference between a Sick Leave and the FMLA is that a Sick Leave may be taken by an employee as and when required and could be for any illness. The FMLA on the other hand would only apply in case of a serious illness like cancer, etc. It would not be applicable if a day off is required to recover from a cold or flu.

The employers are free to have their own regulations to govern the sick leaves provided by them to the employees. While some larger organizations may even extend the Sick Leave to the entire duration prescribed by the health care centre some may limit it to 10 to 12 leaves annually. However, wherever provided, the sick leave is always a paid leave meaning that an employee would be entitled to his full salary for the day. The FMLA on the other hand only guarantees an unpaid leave and does not provide for the salary to be paid to the employee.

The FMLA only covers employers with a minimum of 50 employees and public agencies, private elementary and secondary schools regardless of the number of employees and would require employee to have been working with the organization for at least 12 months and 1250 hrs in the last 12 months. The sick leave policy is generally only dependent on the company policy and would be applicable before the completion of one year with an organization.

Summary:
1.FMLA stands for Family and Medical Leave Act while Short Term Disability means a period ranging from a few days to a few weeks during which a person is unable to attend to his work due to his own medical condition.
2.FMLA is a federal act and is mandatory for all eligible employers to honor it while Short Term Disability is the employers decision and not mandatory.
3.While FMLA guarantees the employee unpaid leave of 12 weeks, the Short Term Disability provides the employee with financial compensation.
4.The FMLA includes guarantees the employee his job on return from leave the Short Term Disability benefits have no way of doing this.

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