FMLA and WC running concurrently; TTD v STD

TTD is a benefit check paid to an employee who is off work for a qualifying work comp claim. (66.6% of the employee’s AWW (average weekly wage)). TTD benefits are not taxable.

STD (short term disability) is a benefit check for an employee who is off work but for non-wc related reasons (i.e. has pneumonia). STD is only paid if the employee has purchased his own policy (example, AFLAC) or if the program is offered through a union-employer collective bargaining agreement (CBA). In other words, if an employee doesn’t buy STD insurance or have it through work, then he receives nothing while off work. One cannot collect STD and TTD at the same time. If an employee receives STD benefits while his wc claim is being litigated, and later is awarded TTD benefits at trial for the same period, then the STD carrier must be repaid. STD is usually paid at 50 to 70% of AWW and is subject to taxation. Usually this program lasts 10 to 26 weeks.

LTD (Long term disability). Same as above, but usually payable for a prescribed number of years or until the illness regresses such that the employee can return to work. Again, this benefit cannot be received concurrent with TTD and is subject to taxation.

FMLA (Family Medical Leave Act). Law that permits an employee to miss up to 12 weeks of work without pay to care for himself or a qualified family member. See link for more information regarding FMLA: http://www.dol.gov/whd/fmla/fmla-faqs.htm

IMPORTANT!! WC benefits (TTD time) and FMLA can be deemed to run concurrently. Usually the employer is required to give the employee written notice that the employer is counting the time away from work as FMLA time. Remember, an employee may be entitled to 12 weeks of unpaid leave to care for himself or a qualified family member. By allowing the employer to count TTD time against the FMLA, the courts have essentially negated FMLA for employees who have been out on TTD. But, this also prevents an employee who has missed half of the year on TTD from then coming back to work and missing additional time to care for a sick family member.

About Law Office Of Keith Short

Keith Short was born in Chicago in 1965. In 1980 his parents moved to Anna, Illinois where he attended high school. In 1989 he graduated from SIUC with degrees in Political Science and English. He then attended Southern Illinois University School of Law, where he graduated in 1992. Mr. Short worked full time employment throughout college and law school: auto repair, cannery, legal clerkship. In 1991 he began a clerkship for the Hon. John Dibble of the Illinois Workers' Compensation Commission. Prior to graduation Mr. Short was offered an associate attorney position with Keefe and De Pauli, P.C. in Fairview Heights where his practice concentrated in the defense of Illinois and Missouri workers' compensation claims. In 2000 Mr. Short was hired by Hopkins Goldenberg as an associate attorney representing injured workers. In 2002 Mr. Short was offered a full partnership in a firm later renamed Goldenberg, Heller, Antognoli, Rowland and Short, where his practice included toxic exposure litigation, medical malpractice and workers' compensation claims. Mr. Short has litigated product liability/brain damage cases; medical malpractice lawsuits, wrongful death claims and automobile accident cases. He has handled numerous cases in the Illinois Appellate Courts. Mr. Short also actively participated in the federal welding Multi-District Litigation set in Cleveland, Ohio. Mr. Short is a frequent lecturer having given seminars in Washington D.C., Las Vegas, Chicago, San Diego, St. Louis, and New Orleans. He resides in Edwardsville, Illinois with his wife, 5 children and 3 step-daughters. On May 3, 2011 Keith Short was sworn in as a member of the Edwardsville City Council, having been elected to represent the city's 5th Ward. He has been assigned by Mayor Gary Niebur to the Public Safety Commission and the Public Services Committee.
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