NYS Laws - Disability vs. Maternity Leave

I'm sorry to burst onto this board, but I just got a phone call from my friend who is 35 weeks.

She works for a very large world known corporation in NY. For the past 2-weeks she was on strict bedrest because of pre-term labor. The company put her on Maternity Leave effective February 1st (when she went into the hospital).

She had to beg her doctor today to put her back to work (restricted, 4-hr PT) so as not to lose any more maternity leave before the baby comes.

I was under the impression that if you were taken out of work before the baby was born because of a 'condition', it was considered Disability and doesn't affect your 12-weeks FMLA Maternity Leave.

She said her company said no. She's really upset because now she only has 10 weeks maternity leave left and the baby isn't even here yet. She even asked them to use vacation days and they refused.


I cannot find the law on this ...
Can anyone help?

Thanks!

Lisa

Re: NYS Laws - Disability vs. Maternity Leave

Unfortunately what they told your friend is correct. FMLA is for a total of 12 weeks per year and this includes the 6 weeks when you are considered disabled.

As long as your friend goes into work it doesn't count. For example even if she goes in at 9 and leaves at 11.

Re: NYS Laws - Disability vs. Maternity Leave

Unfortunately they can--go to the website Department of Labor and you will see frequently asked questions and that is one of them.

I know, completely unfair! I wanted to use short term disability before the baby was here, but if I did it, my FMLA would kick immediately and I would end up like your friend--with only 10 weeks home when the baby is here.

Re: NYS Laws - Disability vs. Maternity Leave

Wow that's terrible! I thought there were FAIR laws to protect pregnant ladies and their unborn children! I feel for you all, it's a terrible law!

Re: NYS Laws - Disability vs. Maternity Leave

I am on part time bedrest too, and what I have been told is that when your dr takes you out of work for medical reasons, even pg, you are considered disabled, which FMLA protects YOUR actual job so they can't replace you since you are out on leave. FMLA and short term disability run concurrently.

So for instance, I was taken out on Feb 1st part time, so for the other 20 hours of work i am on bedrest FMLA protects my job, and yes it does take off the back endafter the baby is born. I will wind up taking 5 weeks of my FMLA before the baby is born. My Short term disabilty though shouldn't be affected, I will get the 6-8 weeks after the baby is born

It may depend on company policy, my company you can take short term disability with an approved illness/etc for 1 year.

NOw just because FMLA runs out doesn't mean they can fire your friend, it just means they can replace her position. They can't fire you unless they have valid reasons..
,

good luck! and it *****!!

Message edited 2/14/2006 2:47:45 PM.

Re: NYS Laws - Disability vs. Maternity Leave

I am an FMLA and Disability Analyst and I work on this stuff ALL day long.

FMLA and Disability run together. You are allowed a total of 12 weeks within a rolling 12 months. If you are out of work for 2 weeks due to bed rest then you only have 10 weeks remaing under FMLA. If you are out on bedrest prior to the birth of your child you will be eligible for Disability. Once you you deliver the baby your claim will close either 6 or 8 weeks depending on the birth of your child. Each company is different. In my company, if an employee is out on bedrest way before her due date, she will be covered under FMLA and then she MUST return to work at the end of her disabiliy period once she delivers. She doesnt get the 12 weeks anymore since that time was exhausted prior to the birth of the child.

Re: NYS Laws - Disability vs. Maternity Leave