Does an employee have to offer short-term disability coverage?

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Does an employee have to offer short-term disability coverage?

Can my employer make me use my sick days AND my vacation days before disability starts? Apparently, our office does not have a short-term disability plan, only a long-term disability plan. Would the state (NJ) cover any short-term disability??

Asked on May 18, 2009 under Employment Labor Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

New Jersey does not require employers to offer disability insurance at all.  Typically, disability insurance payments are based on how long you are out of work, and whether or not you have sick days or vacation days and whether or not you use them don't matter.

Different companies have different plans, however, and the plan documents tend to be very dense "fine print."  It isn't something you want to try to figure out by yourself, since even lawyers who aren't familiar with these things can easily make mistakes.

You may also have rights that would be useful in your situation, under the federal Family and Maternity Leave Act (often abbreviated "FMLA").

For all of this, I would recommend that you talk to an employment and labor attorney, as soon as you can.  One place to find a qualified lawyer in your area is our website, http://attorneypages.com


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