Can it be assumed that an employee who is eligible for Employee-Paid (EPD) and/or University-Paid Disability (UPD) is automatically eligible for family and medical leave?

Although in most cases a health condition that qualifies an employee for disability payments under UPD/EPD will also qualify as a serious health condition under FMLA/CFRA, it cannot be assumed that eligibility for disability payments under UPD/EPD automatically entitles an employee to family and medical leave. To qualify for family and medical leave due to the employee's serious health condition, the following three tests must be met:

• The employee must satisfy the employment eligibility requirements under FMLA/CFRA;
• The employee's health condition must satisfy the definition of a serious health condition under FMLA/CFRA; and
• The employee must not have already exhausted his or her entitlement to family and medical leave.