Disability Leave

What Is Disability Leave?

Disability leave is job-protected time off for employees who are unable to work due to a physical or mental health condition that limits their ability to perform duties.

It allows time for recovery, medical treatment, or ongoing care related to injury, illness, or chronic conditions, including mental health challenges.

This leave helps protect employment during health-related absences and may also offer income support through short-term or long-term disability insurance.

Depending on the situation, disability leave can be paid or unpaid and may be available through workplace policies, insurance plans, or legal protections.

Laws like the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) may provide additional rights related to disability leave.

Who Is Covered Under Disability Leave?

Eligibility for disability leave depends on your job status, how long you’ve worked, your company’s policies, and federal or state laws.

Most full-time employees are covered under employer-sponsored disability leave or insurance plans, especially after meeting a required period of service. Some part-time employees may also qualify, depending on the employer’s policy or state-specific rules.

Employees with short-term or long-term disability insurance are typically eligible if they have a qualifying medical condition verified by a licensed healthcare provider.

Workers protected under the Americans with Disabilities Act (ADA) may also qualify for leave as a reasonable accommodation. To meet the ADA standard, the condition must substantially limit one or more major life activities.

Major life activities include:

• Walking
• Breathing
• Seeing
• Hearing
• Learning
• Lifting
• Speaking
• Performing manual tasks
• Taking care of oneself

Covered health conditions may include:

• Cancer
• Epilepsy
• Crohn’s disease
• Asthma
• Diabetes
• Depression
• Anxiety
• PTSD
• Other long-term or chronic conditions affecting daily life

Employees may also be eligible under the Family and Medical Leave Act (FMLA), if they’ve worked at least 12 months and 1,250 hours for a covered employer.

Newly hired federal employees who are veterans with a VA disability rating of 30% or higher may qualify for paid disability leave under the Wounded Warriors Federal Leave Act.

In some states, disability benefits are available through government programs. If you’ve paid into a state disability fund, you may qualify based on your earnings and medical condition.

Types of Disability Leave (with Examples & Eligibility)

Disability leave can take different forms depending on the nature of the condition, how long the employee is unable to work, and what benefits or protections apply.

Short-Term Disability Leave

Short-term disability (STD) leave covers temporary medical conditions that prevent an employee from working for a limited time, usually a few weeks to six months.

• Must have short-term disability insurance through employer or state program
• Medical certification of the condition is required
• A short waiting period may apply before benefits begin

Example: An employee recovering from knee surgery takes six weeks off under a short-term disability policy.

Long-Term Disability Leave

Long-term disability (LTD) leave applies when a serious health condition prevents an employee from working for an extended period, often beyond six months.

• Requires LTD insurance coverage
• Proof of ongoing medical condition and treatment
• Often begins after STD benefits are exhausted

Example: An employee diagnosed with multiple sclerosis is unable to return to work and transitions from STD to LTD benefits.

Mental Health Disability Leave

This leave applies when mental health conditions interfere with the ability to work. Conditions may be temporary or long-term.

• Covered under most STD/LTD plans if medically certified
• May also be protected under ADA or FMLA depending on severity and duration

Example: An employee experiencing severe depression takes leave for treatment and recovery with support from their doctor.

Pregnancy-Related Disability Leave

Leave may be taken before or after childbirth due to medical complications, recovery needs, or doctor-recommended rest.

• May be covered by STD or employer leave policy
• Separate from parental or maternity leave
• Requires medical certification

Example: An employee is placed on bed rest in the third trimester due to pregnancy complications and uses short-term disability leave.

Veteran Disability Leave (U.S. Federal Employees)

This is a special type of paid leave for newly hired federal employees with a VA service-connected disability rating of 30% or more.

• Must be a newly hired federal employee
• Must have a VA-rated disability of at least 30%
• Leave is available only during the first year of employment

Example: A new federal hire with a 40% VA disability rating uses this leave to attend monthly medical appointments.

State-Mandated Disability Leave

Some states offer paid disability leave through public insurance programs funded by payroll deductions.

• Must meet state-specific requirements
• Typically based on earnings and medical certification
• Only available in participating states

Example: A worker in California uses state disability insurance while recovering from a non-work-related injury.

Learn more about California State Disability Insurance (CASDI)

Difference Between Short-Term Disability and FMLA Leave

Short-term disability (STD) and leave under the Family and Medical Leave Act (FMLA) are both used when an employee is unable to work due to a serious health condition, but they serve different purposes and follow different rules.

Short-term disability is typically an insurance benefit that provides partial income replacement when an employee is temporarily unable to work due to illness, injury, or recovery from surgery. It is usually offered by employers or through state programs and requires a medical certification of the condition. However, STD does not guarantee job protection unless combined with other legal protections.

In contrast, FMLA is a federal law that provides up to 12 weeks of unpaid, job-protected leave per year for employees facing serious health conditions or caring for a family member. To be eligible for FMLA, the employee must have worked for the employer for at least 12 months and logged at least 1,250 hours in the past year, and the employer must have 50 or more employees. While FMLA does not offer wage replacement, it does ensure that the employee’s job—or an equivalent role—will be available upon return.

One key difference is that STD focuses on income support, while FMLA centers on job security. In many cases, the two types of leave can run at the same time, offering both financial support and legal job protection. Employers often coordinate STD benefits with FMLA to help employees manage both their health and employment status during medical leave.

How to Apply for Disability Leave?

Applying for disability leave usually starts with notifying your employer or HR department as soon as you know you’ll need time off. Most companies have a formal process, so you’ll likely need to fill out a leave request form and submit medical documentation from your doctor.

If you have short-term or long-term disability insurance, you’ll also need to file a claim through the insurance provider. This may involve additional forms and follow-up with your healthcare provider.

Once your paperwork is submitted, HR or the insurer will review your request. If approved, you’ll receive confirmation of your leave dates, pay (if applicable), and any next steps.

Keep communication open, follow deadlines, and ask questions if you're unsure. A smooth process starts with staying organized and being upfront.

Quick Checklist: How to Apply for Disability Leave

• Notify your employer or HR as soon as possible
• Request and complete the leave form (if required)
• Get medical documentation from your healthcare provider
• Submit all paperwork by the required deadline
• File a claim with your disability insurance provider (if applicable)
• Stay in touch with HR or the insurer during the review process
• Review approval details, including leave dates and pay info
• Keep copies of all forms and approvals for your records

Legal Frameworks Governing Disability Leave

Several laws and benefit programs support employees who need to take time off for medical reasons. Each serves a different purpose but often works together.

Americans with Disabilities Act (ADA)

The ADA protects employees with physical or mental impairments that substantially limit major life activities. It requires employers to provide reasonable accommodations, which may include disability leave, flexible schedules, or modified duties.

Family and Medical Leave Act (FMLA)

FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for serious health conditions. It applies to companies with 50 or more employees and requires that the employee has worked at least 12 months and 1,250 hours in the past year.

Short-Term and Long-Term Disability Insurance

Many employers offer disability insurance as part of their benefits package. Short-term disability usually covers a few weeks to six months, while long-term disability covers extended periods. These policies provide partial wage replacement during medical leave but are not required by law.

State Disability Leave Programs

Some states (like California, New York, and New Jersey) have public disability insurance programs that offer paid leave for medical conditions. Eligibility and benefits depend on state-specific rules and payroll contributions.