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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118658
Experience:  20+ Years of Employment Law Experience
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I am trying to figure out my benefits as a VA employee. I am

Customer Question

I am trying to figure out my benefits as a VA employee. I am sure I qualify for medical disability but the HR department says I only qualify for FMLA. I live in Michigan which may have different requirements under state law.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Customer: replied 1 month ago.
I have requested paid medical disability from the VA - I have the medical condition/justified for the leave.
Customer: replied 1 month ago.
Hello?
Customer: replied 1 month ago.
Are you there?
Expert:  Law Educator, Esq. replied 1 month ago.

I am here, but trying to type a response and every time you reply I lose everything I typed and have to start over. I am sorry for the delay.

Expert:  Law Educator, Esq. replied 1 month ago.

If you are working in MI, under MI law, there is no separate FMLA. The only benefit for leave in MI is he federal FMLA. Even if there were a separate FMLA in MI and it gave more than 12 weeks, the way that would work is you would get only the higher number of weeks of protection. For example, one state has a state FMLA that gives 13 weeks, which means the employees get 13 weeks of protection, not 13 weeks of state protection and then 12 more weeks of FMLA.

Also, unlike many states, MI has no mandatory short term disability insurance benefits. Unless the VA provides you a short term disability insurance policy, I am afraid you cannot claim those benefits either unless you go through Social Security Disability for any long term disability you may have.

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