Sherfel v. Newson, — F.3d –. 2014 WL 4812275 (6th Cir. Sept. 30, 2014), concerned an STD plan covering employees in 49 States. The plan allowed its administrator to pay STD benefits only to employees who qualify as disabled under the plan. The court observed that “ERISA then federalizes that limitation, by requiring the administrator to pay benefits only as prescribed in ‘the documents and instruments governing the plan[.]’ 29 U.S.C. § 1104(a)(1)(D).” The court continued that the Wisconsin FMLA “requires the plan administrator to pay short-term disability benefits to certain beneficiaries who undisputedly are not short-term disabled as defined by the plan. As to those beneficiaries, therefore, the administrator has two choices: violate the Wisconsin Act, or violate ERISA.”  The court held that the Wisconsin FMLA, as applied to this plan, is expressly preempted by ERISA.