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queensgal
Smile
Member since 4/09 3287 total posts
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**** - Work and Disability Claim
Can someone correct me if I'm wrong - Isn't a standard leave generally considered up to 2 weeks before your due date and 6 weeks after or 8 for csection? This is what I have always thought and seen working in HR for last 15 years. of course doctor can adjust due to complications.
I just got off phone with my job and they are threatening to deny my claim. I stopped working one day prior to my due date as why work on a Monday. The baby is now late and we are planning induction next tuesday. There is nothing more I want than to get this baby out of me.
Company is saying there is no medical reason to stop working before baby is born. How can this be?
I'm hoping my doctor can straighten this out - but can someone just tell me if I am mistaken? Has anyone been questioned or had a company try to force you to work past your due date?
This is not my boss, work for a HUGE well known company that is all about it's brand. I cannot believe this is how they treat pregnant women. My boss was totally understanding and approved me stopping work the friday before my due date.
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Posted 4/30/15 2:31 PM  |
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Long Island Weddings
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2boys1girl
and one more girl on the way!
Member since 5/10 2954 total posts
Name:
D
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**** - Work and Disability Claim
An employee is entitled to coverage only for the time when she is actually unable to work due to pregnancy or childbirth. So unless you have given birth or put on bed rest or your doctors say you cannot work for medical reasons (you will need to provide documentation to back this up in your claim)
Anytime you take off early just because I would think you would have to dip into your PTO.
Message edited 4/30/2015 2:36:31 PM.
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| Posted 4/30/15 2:35 PM |
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Re: **** - Work and Disability Claim
My company considers you disabled 1 month prior and either 6 or 8 weeks after childbirth. Each company is different so you would have to clarify this with your HR department. However, if they are threatening your claim then just have your doctor write a note stating that you are unable to work at this time.
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| Posted 4/30/15 2:40 PM |
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ElizaRags35
My 2 Girls
Member since 2/09 20494 total posts
Name:
Me
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Re: **** - Work and Disability Claim
Posted by 2boys1girl
An employee is entitled to coverage only for the time when she is actually unable to work due to pregnancy or childbirth. So unless you have given birth or put on bed rest or your doctors say you cannot work for medical reasons (you will need to provide documentation to back this up in your claim)
Anytime you take off early just because I would think you would have to dip into your PTO.
This sounds right.
If your employer covers before birth, that's at their own discretion, not law.
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| Posted 4/30/15 2:46 PM |
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nycgirl
Angels!
Member since 3/09 7721 total posts
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Re: **** - Work and Disability Claim
Agree with all previous posts:
The time while in labor & 6/8 weeks post delivery is considered disability time. Nothing before.
I was on 1 week of bedrest early this pregnancy, was approved, but needed exact dates off & return to work & a doctor letter.
I always work til I'm in active labor.
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| Posted 4/30/15 3:02 PM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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**** - Work and Disability Claim
If you do not work for a FMLA covered entity (employer with 50 or more FULL-TIME employees) you have ZERO rights, and if you have less than 15, you don't even get disability coverage. It's entirely up to the company for how they break it down, if you are covered by FMLA, you get 12 weeks where your job is secure (or equivalent job/pay) - paid or unpaid based on your employer, and they can make you take your vaca/sick/personal as part of that 12 weeks.
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| Posted 4/30/15 3:13 PM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: **** - Work and Disability Claim
Posted by nycgirl
Agree with all previous posts:
The time while in labor & 6/8 weeks post delivery is considered disability time. Nothing before.
I was on 1 week of bedrest early this pregnancy, was approved, but needed exact dates off & return to work & a doctor letter.
I always work til I'm in active labor.
This exactly. There is no law about time PRIOR to going into labor.
Truthfully, unless you have a medical reason and a doctor's note, they are right- there is no real medical reason you can't work until you go into labor.
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| Posted 4/30/15 3:14 PM |
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hopingforbaby
We made a wish & you came true
Member since 2/10 2695 total posts
Name:
Me
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Re: **** - Work and Disability Claim
Yeah disability will only cover you after the baby is born unless there is a medical reason to do so. When I had DS, I had to provide his date or birth and my last day of work. When I told them he was born on 3/21 but my last day of work was 3/19 right away they jumped down my throat with "Well why didn't you work on 3/20????" Hmmmm maybe because I was in freaking labor???
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| Posted 4/30/15 3:24 PM |
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ElizaRags35
My 2 Girls
Member since 2/09 20494 total posts
Name:
Me
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Re: **** - Work and Disability Claim
Posted by hopingforbaby
Yeah disability will only cover you after the baby is born unless there is a medical reason to do so. When I had DS, I had to provide his date or birth and my last day of work. When I told them he was born on 3/21 but my last day of work was 3/19 right away they jumped down my throat with "Well why didn't you work on 3/20????" Hmmmm maybe because I was in freaking labor???
It's only labor. No reason why you couldn't have worked!
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| Posted 4/30/15 3:26 PM |
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2boys1girl
and one more girl on the way!
Member since 5/10 2954 total posts
Name:
D
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Re: **** - Work and Disability Claim
Posted by jessnbrian
If you do not work for a FMLA covered entity (employer with 50 or more FULL-TIME employees) you have ZERO rights, and if you have less than 15, you don't even get disability coverage. It's entirely up to the company for how they break it down, if you are covered by FMLA, you get 12 weeks where your job is secure (or equivalent job/pay) - paid or unpaid based on your employer, and they can make you take your vaca/sick/personal as part of that 12 weeks.
Any employer with 1 or more employees is required to follow the provisions of NYS Disability Law so she would be covered under that.
FMLA is the one that only comes into play after 50 employees.
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| Posted 4/30/15 3:31 PM |
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hopingforbaby
We made a wish & you came true
Member since 2/10 2695 total posts
Name:
Me
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Re: **** - Work and Disability Claim
Posted by ElizaRags35
Posted by hopingforbaby
Yeah disability will only cover you after the baby is born unless there is a medical reason to do so. When I had DS, I had to provide his date or birth and my last day of work. When I told them he was born on 3/21 but my last day of work was 3/19 right away they jumped down my throat with "Well why didn't you work on 3/20????" Hmmmm maybe because I was in freaking labor???
It's only labor. No reason why you couldn't have worked!
Seriously! I plan on birthing this one right at my desk. Wouldn't want disability to think I was cheating them out of a second's pay. 
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| Posted 4/30/15 3:33 PM |
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queensgal
Smile
Member since 4/09 3287 total posts
Name:
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Re: **** - Work and Disability Claim
Posted by hopingforbaby
Posted by ElizaRags35
Posted by hopingforbaby
Yeah disability will only cover you after the baby is born unless there is a medical reason to do so. When I had DS, I had to provide his date or birth and my last day of work. When I told them he was born on 3/21 but my last day of work was 3/19 right away they jumped down my throat with "Well why didn't you work on 3/20????" Hmmmm maybe because I was in freaking labor???
It's only labor. No reason why you couldn't have worked!
Seriously! I plan on birthing this one right at my desk. Wouldn't want disability to think I was cheating them out of a second's pay.
Yes I have fmla. It's a fortune 50 company. My boss already approved this. They outsourced hr last year. I had no problems with my daughter who is 2. My doctor will need to redo paperwork. I think I was taken by surprise by the persons nasty tone and total disbelief. She said there is no reason for me not to work until my induction next tues. just the nasty tone. Then she demanded to know if I smoked. I'm like huh? I will get a note if needed. Like I said, my boss already approved this so it was surprising to now be getting questions like I'm doing something wrong. There's no way I can work right now. I'm in constant pain
I guess my company does want me to go into labor over lunch or something and be back for my conference calls in the afternoon. Azzzholes.
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| Posted 4/30/15 3:56 PM |
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JDubs
different, not less
Member since 7/09 13160 total posts
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Re: **** - Work and Disability Claim
From what I remember the first time around my doctor had to approve me for disability before the baby was born, if I were to go out earlier, and fill out the paperwork. I worked until the end though.
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| Posted 4/30/15 4:09 PM |
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ANewDayHasCome
Love multiplies, not divides
Member since 11/12 14481 total posts
Name:
Me
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Re: **** - Work and Disability Claim
You're not entitled to any time before your baby is born u less medically necessary bed rest, for example.
I started my leave at 36 weeks bc I didn't want to commute to the city. My employer was willing to give me 12 weeks from the day I started leave, regardless of when I gave birth, and it was completely unpaid. I did collect short term disability from the day my baby was born, not when my leave started.
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| Posted 4/30/15 4:11 PM |
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Mara1017
LIF Adolescent
Member since 5/11 696 total posts
Name:
Mara
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**** - Work and Disability Claim
Unless the doctor says that you cannot work you will not get disability for the time prior to the delivery. It sounds like in your situation you decided you did not want to work for the days before the induction and not that you couldn't
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| Posted 4/30/15 6:30 PM |
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SLPRunner
LIF Adult
Member since 12/13 1101 total posts
Name:
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**** - Work and Disability Claim
At my old job, my doctor filled out my paperwork with whatever date I wanted. If I wanted to stop working day before my due date, that's what he would have signed for. My old job was really annoying with taking maternity leave so I definitely would have had an issue like you are describing. I did work up until my scheduled c-section though. It was scheduled on a Wednesday and I worked until Tuesday. The FMLA time starts from the day you go on leave, not from when you have the baby.
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| Posted 4/30/15 6:58 PM |
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luvmotherhood
california dreamin'
Member since 2/13 1443 total posts
Name:
love my family!
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**** - Work and Disability Claim
I worked until the Friday before my scheduled c which was on a Tuesday. I was forced to use sick and vaca concurrently with fmla. I went back at 11 weeks. Maternity in this country blows.
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| Posted 4/30/15 10:21 PM |
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Cheeks24
Living a dream
Member since 1/08 8589 total posts
Name:
Cheeks
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Re: **** - Work and Disability Claim
Posted by queensgal
Posted by hopingforbaby
Posted by ElizaRags35
Posted by hopingforbaby
Yeah disability will only cover you after the baby is born unless there is a medical reason to do so. When I had DS, I had to provide his date or birth and my last day of work. When I told them he was born on 3/21 but my last day of work was 3/19 right away they jumped down my throat with "Well why didn't you work on 3/20????" Hmmmm maybe because I was in freaking labor???
It's only labor. No reason why you couldn't have worked!
Seriously! I plan on birthing this one right at my desk. Wouldn't want disability to think I was cheating them out of a second's pay.
Yes I have fmla. It's a fortune 50 company. My boss already approved this. They outsourced hr last year. I had no problems with my daughter who is 2. My doctor will need to redo paperwork. I think I was taken by surprise by the persons nasty tone and total disbelief. She said there is no reason for me not to work until my induction next tues. just the nasty tone. Then she demanded to know if I smoked. I'm like huh? I will get a note if needed. Like I said, my boss already approved this so it was surprising to now be getting questions like I'm doing something wrong. There's no way I can work right now. I'm in constant pain
I guess my company does want me to go into labor over lunch or something and be back for my conference calls in the afternoon. Azzzholes.
You are basically beginning to burn through your FMLA. Do you commute into the city? When I was pregnant with #1 my doctor did not want me commuting anymore after 37 weeks. I was able to work from home the next two weeks before I started my maternity leave. I would have your doctor write a note about your long commute and being too far from the hospital.
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| Posted 5/1/15 10:30 AM |
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ali120206
2 Boys
Member since 7/06 17792 total posts
Name:
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**** - Work and Disability Claim
Leave is different than disability. You can put yourself on leave for 2 weeks before but, unless you have a medical reason to stop working - disability won't start until the baby is born. And the two weeks before will count towards FMLA - so you will have 10 weeks of that after the baby is born (if the baby even comes on your due date).
My company also only gives 6 weeks regardless of what type of birth (it changed sometime between 2009 and 2012) and I've heard many companies are now doing the same (and we're pretty generous here with benefits).
Message edited 5/1/2015 12:51:44 PM.
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| Posted 5/1/15 12:48 PM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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**** - Work and Disability Claim
unless your dr states you cannot go back to work and signs the paperwork you are not disabled....you are just pregnant. Depending on your company leave would be different. From what you wrote I understand it as you took leave but wanted it to be disability. You weren't disabled unless you can get your Dr to sign off on it which most won't.
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| Posted 5/1/15 1:08 PM |
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pilotcutie21
LIF Infant
Member since 7/13 103 total posts
Name:
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Re: **** - Work and Disability Claim
Posted by PrayingForBaby747
My company considers you disabled 1 month prior and either 6 or 8 weeks after childbirth. Each company is different so you would have to clarify this with your HR department. However, if they are threatening your claim then just have your doctor write a note stating that you are unable to work at this time.
My company is the same way. I can go out on disability up to 1 month prior to my due date with minimal reason. My doctor confirmed this as well so I guess it isn't just a company policy. (With DS I went on disability approximately 2.5 weeks before he was due). Then either 6 or 8 weeks depending on delivery type.
I plan on doing the same this time around as well.
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| Posted 5/2/15 1:34 AM |
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