Paid Sick and Disability Leave

If you need paid time off for an illness or temporary disability, you may have a few options. If your situation qualifies as a serious health condition, you may be eligible to take time off under the Family and Medical Leave Act, or FMLA (to learn more, see Serious Health Conditions under the FMLA). However, FMLA leave is unpaid -- and companies with fewer than 50 employees aren't covered. Although employees with disabilities may be entitled to time off as a reasonable accommodation, temporary disabilities generally aren't covered by the Americans with Disabilities Act (ADA). 

However, you may be entitled to time off through your employer's sick or disability leave program or through a state insurance program. 

Employer-Provided Sick and Disability Leave

Most employers do not currently have to provide paid sick leave. There are some exceptions, however: In 2011, Connecticut became the first state to require employers to offer traditional paid sick leave. Employers with at least 50 employees must provide service employees with at least an hour of paid sick leave for every 40 hours worked, up to a maximum of 40 hours per year. A few localities, including San Francisco and Washington, DC, also require employers to provide paid sick leave. 

Other than the few places that mandate employer-provided sick leave, however, employers are free to make their own rules in this area. Many voluntarily offer sick leave: According to recent numbers from the Bureau of Labor Statistics, 75% of full-time employees -- and 27% of part-time employees -- get some paid sick leave. If you are one of them, you can use this paid time off as long as you meet the requirements of your employer's program, such as providing a doctor's note or giving notice in a particular way. 

Some employers provide disability leave, often through an insurance program that compensates employees for this type of time off. Whether or not you can use your employer's disability program will depend on the terms of the policy. Your company's HR department or benefits specialist should be able to help you navigate the details and paperwork. 

Learn more about Taking Time Off Work.

State Temporary Disability Insurance (TDI) Programs

A handful of states -- California, Hawaii, New Jersey, New York, and Rhode Island -- have temporary disability insurance programs that provide partial wage replacement to employees who are temporarily unable to do their jobs. Generally, these programs are available to employees who suffer an injury or temporary disability (including pregnancy) unrelated to work; on-the-job injuries are handled through workers' compensation insurance. 

The way these programs work depends on state law. For example, the program might be a state insurance fund, to which employees, or employers and employees both, must contribute. Or, state law may require employers to provide this type of insurance for employees, without involving a state insurance program. 

If you are temporarily unable to work in one of these states, and you meet the program's requirements, you must apply for benefits. To find out how to apply, ask your HR department. Your state labor department should also have information available for applicants. 

Learn more about Family and Medical Leave.