Is it better to take FMLA leave or short term disability if I need a break for mental health purposes? Additionally, in either scenario is it possible that I can get paid during my leave?

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FMLA is by definition unpaid leave. The law just protects your job while you’re out. *But* FMLA is often paired with other forms of paid leave.

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You may be able to do it as both. FMLA to protect you while you’re out and short term disability to get paid at least part of your salary (though whether it’s covered under the STD policy is a different question. You’ll have to look into the policy your firm has)

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Short term disability is paid. It might also qualify as fmla simultaneously. But lots of fmla leaves are unpaid. For short term disability start talking to your doctor about anxiety/depression. If they prescribe something or up your dose that’s usually enough for std leave to be approved by insurer/administrator for a period of time.

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FYI, it is not always necessary to take psychiatric medication to qualify for a mental health leave. The standard for short term disability is lower than for long term disability, and a simple note from your primary care provider can suffice.

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Search #fmlamentalhealth in the Big Law and Law bowls for more info.

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