Yes, you can apply for disability benefits while you are on FMLA leave, and in many workplaces the two are expected to run at the same time. FMLA protects your job for up to 12 weeks but pays nothing. Disability benefits replace part of your income while you recover. Filing for both during the same absence gives you job protection and a paycheck at once. Timing matters more than most people realize, because Social Security Disability Insurance alone carries a five-month waiting period and an average processing time above six months.
Why You Need Both
The Family and Medical Leave Act is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for a serious health condition, the birth or adoption of a child, or care of a seriously ill family member. When your leave ends, your employer must restore you to the same job or an equivalent one with the same pay, benefits, and working conditions.1U.S. Department of Labor. Family and Medical Leave Act To qualify, you need at least 12 months of employment with your current employer, at least 1,250 hours worked during those 12 months, and a worksite where the company has 50 or more employees within 75 miles.2U.S. Department of Labor. Family and Medical Leave (FMLA)
FMLA does not provide a single dollar of income. That is where disability benefits come in. Coverage generally falls into three categories.
Short-term disability is employer-sponsored or state-mandated insurance that replaces a percentage of your salary, typically 40 to 80 percent, for anywhere from a few weeks to a year depending on the plan. Long-term disability is private insurance that begins after short-term coverage ends, usually replacing around 60 percent of income for an extended period or until retirement age. Social Security Disability Insurance is a federal program for people with medical conditions expected to last at least one year or result in death; SSDI is funded through payroll taxes and pays benefits based on your lifetime earnings record.3Social Security Administration. Fact Sheet – Social Security Disability Insurance (SSDI)
Running FMLA and Disability at the Same Time
Federal regulations explicitly allow FMLA leave and short-term disability or workers’ compensation to run concurrently, so long as the absence qualifies as a serious health condition under FMLA and the employer properly designates and notifies the employee that the leave counts as FMLA leave.4eCFR. 29 CFR 825.702 – Interaction With Federal and State Anti-discrimination Laws Many employers require this. When you file a short-term disability claim, HR will often designate the absence as FMLA leave at the same time, so both clocks start together.
The advantage is straightforward: you get paid through your disability plan while FMLA holds your position. The trade-off is that your 12 weeks of job protection are running the whole time. They do not pause or extend because disability payments are coming in.
FMLA leave is unpaid by design, but you or your employer can substitute accrued paid leave for part or all of the FMLA period. Your employer can require you to use paid sick days or vacation before shifting to unpaid status; when paid leave is used for an FMLA-qualifying reason, it counts as FMLA leave and the two run concurrently.5U.S. Department of Labor. FMLA Frequently Asked Questions If you are also collecting short-term disability, check your plan’s coordination rules, because some plans offset or reduce payments when paid leave is being used at the same time.
Your employer must maintain your group health insurance during FMLA leave under the same terms as if you were still working. You remain responsible for your share of the premium. If your leave is unpaid, your employer can collect that share on the same schedule as payroll deductions, on the same schedule as COBRA payments, or through another arrangement you both agree on.6U.S. Department of Labor. Employee Payment of Group Health Benefit Premiums If you do not return to work after FMLA leave expires, your employer may recover premiums it paid on your behalf, with one important exception: if you cannot return because of a continuing or recurring serious health condition, the employer cannot recoup those costs. The employer can ask for medical certification, and you have 30 days to provide it.7eCFR. 29 CFR 825.213 – Employer Recovery of Benefit Costs
Filing a Short-Term Disability Claim
Short-term disability claims go through your employer’s insurance carrier or, if you live in one of the states with mandatory programs, through a state agency. California, Hawaii, New Jersey, New York, and Rhode Island require employers to provide short-term disability coverage.8U.S. Department of Labor. Temporary Disability Insurance If your state does not mandate coverage, your eligibility depends entirely on whether your employer offers a plan.
The process is generally straightforward. You notify your employer and the insurance carrier, submit a claim form, and have your treating physician complete a medical certification confirming your diagnosis, treatment plan, and expected duration of disability. Most carriers make an initial decision within a few weeks.
Filing for SSDI During FMLA Leave
SSDI is a different animal from employer-sponsored short-term disability. It is a federal program for severe, long-lasting conditions, and the application is substantially more involved. Roughly 62 percent of initial SSDI applications are denied, so preparation matters.9Social Security Administration. Disability Determinations and Appeals Fiscal Year 2024
SSDI has two gatekeepers. First, your medical condition must be expected to last at least 12 months or result in death. Second, you cannot be earning above the substantial gainful activity threshold, which for 2026 is $1,690 per month for non-blind applicants and $2,830 per month for blind applicants.10Social Security Administration. Substantial Gainful Activity If you are on unpaid FMLA leave and not earning wages, you clear the income test. If you are receiving short-term disability payments, those are insurance proceeds rather than earned income, so they do not count against the SGA limit.
You can apply online through the SSA’s website, by phone at 1-800-772-1213 (TTY 1-800-325-0778) Monday through Friday from 7 a.m. to 7 p.m., or in person at your local Social Security office.11Social Security Administration. Apply Online for Disability Benefits The SSA evaluates your condition against its Listing of Impairments; if your condition meets or equals a listed impairment, that is generally sufficient to establish disability. If it does not match a listing, the SSA moves through additional steps to assess whether you can still perform your past work or any other work in the national economy.12Social Security Administration. Part III – Listing of Impairments (Overview)
Why to File SSDI Early, Not Later
Even if your SSDI application is approved, benefits do not start immediately. Federal law imposes a five-month waiting period that begins the month your disability started, not the month you applied.13Office of the Law Revision Counsel. 42 USC 423 – Disability Insurance Benefit Payments Your first SSDI check therefore covers the sixth full month of disability. The only exceptions are for people who had a prior period of disability within the past five years, and for applicants diagnosed with ALS, for whom no waiting period is required.14Social Security Administration. Who Is Entitled to Disability Benefits
On top of the waiting period, there is processing time. As of early 2026, the SSA’s average initial processing time is 193 days, roughly six and a half months.15Social Security Administration. Social Security Performance A year or more between filing and first payment is common. Meanwhile, FMLA only protects your job for 12 weeks.
Do not wait until your FMLA leave is nearly over to start the SSDI process. If your condition may be severe enough to need SSDI, apply as early as you reasonably can. Filing while you are still on FMLA leave, or while you are still receiving short-term disability, gives the SSA a head start. If you recover and return to work before a decision is made, you can withdraw the application. If your condition does not improve, you will be glad you filed early.
What Happens When FMLA Runs Out
Twelve weeks goes fast. If your condition has not resolved by the time your FMLA entitlement expires, your employer is no longer federally required to hold your job under the FMLA. That does not necessarily mean you can be fired on day 85.
The Americans with Disabilities Act may require your employer to provide additional unpaid leave as a reasonable accommodation. The EEOC has said that an employer’s obligation under the ADA is separate from its FMLA obligations, and that leave exceeding the 12-week FMLA maximum is not, by itself, proof of undue hardship.16U.S. Equal Employment Opportunity Commission. Employer-Provided Leave and the Americans with Disabilities Act Whether additional leave is reasonable depends on how long the extension would be, whether your position can be held open or covered, and how the absence affects the employer’s operations.
If you are receiving short-term disability benefits, those payments continue regardless of whether FMLA has expired, because your disability plan is an insurance policy separate from your employment status. Your SSDI application likewise continues processing whether or not you still have a job. Being terminated does not disqualify you from SSDI; losing your job because of a disabling condition can actually strengthen your claim by demonstrating the severity of your limitations.
If Your SSDI Application Is Denied
A denial letter is more likely than an approval. Do not treat it as a final answer. The SSA has a four-level appeals process, and outcomes improve substantially at the hearing level.17Social Security Administration. Understanding Supplemental Security Income Appeals Process
The first step is reconsideration, where a different SSA examiner reviews your entire file from scratch, including any new medical evidence you submit. Next is an administrative law judge hearing, where you appear before a judge, often with a disability attorney, and present your case in person; most successful claims are approved at this level. After that, the Appeals Council reviews the judge’s decision for legal errors, and finally, you can file a civil action in U.S. District Court.
You have 60 days from receipt of each denial notice to request the next level. Missing that deadline can force you to start over. If you are approved on appeal, you will receive back pay covering the months since your original application date, minus the five-month waiting period. Many disability attorneys work on contingency because those back payments make the arrangement viable.
The strongest thing you can do at any stage is submit thorough, consistent medical evidence. Gaps in treatment records are one of the most common reasons for denial. While you are on FMLA leave and pursuing SSDI, keep attending appointments and following your treatment plan. Those records are the backbone of your disability case.