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Question

I actually have two questions, one is that I have used up my temporary disability that is offered through my work for my first back surgery which took six weeks off, our max temp disability. So this leads me to my first question does the state offer temporary disability, I need to go in for a second surgery which will have me out for 2-3 months and everything I look up says you have to be out for at least a year. Then this leads into my next question, my boss was starting to threaten my job but when I brought up the Family Medical Leave Act he backed away but said that I used up six weeks of my unpaid leave when I was out for my first surgery, did that count even though I got paid with my temporary disability?

Submitted: 77 days and 23 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: Alaska

Already Tried:
I have contacted some professors at the two colleges here and tried to find thing online but I keep coming up with disability for someone who is going to at least be disabled for one year. I am the primary provider for a family of five we need some sort of income during my surgery and I can't seem to find disability for short term. Then with the FMLA everything I turn up doesn't quite answer my question on whether or not my first leave for surgery and taking the temporary disability counts as part of my twelve weeks. I mean It was unpaid as of through working hours but I did get paid because I was able to collect my temporary disability through my company, so I can't pull anything up on whether that counts as the company "paying me" or not and whether I am still able to use my full 12 weeks of FMLA for my disk replacement.

Accepted Answer

Thank you for contacting our JA team for guidance.

 

Alaska does not have a temporary disability program for employees as some states do. Here are the programs that are available: http://www.disability.gov/benefits/state_&_local_resources/alaska

 

Yes, your employer can require that your first leave counts toward your FMLA leave and can run concurrently with short term disability benefits through your employer. You receive up to 12 weeks of unpaid leave per calendar year, assuming you otherwise qualify.

 

Since it appears you will be exceeding the 12 weeks, your job would not be legally protected and you may want to apply for social security benefits during your time off.

 

Please let me know if you need additional information.


Best regards to you,

TG

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Expert: Tina G, BBA, JD
Pos. Feedback: 99.1 %
Accepts: 
Answered: 9/4/2009

Lawyer.

licensed attorney for 12 years including employment, business, contract, domestic, and general civil

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