Question about leaving work / disability

If you work till the end but you decide to not go back to work after LO is born- do you still get disability?

If you get fired or you get replaced while out - can you collect disabliity first then unemployement?

Please dont tell me to ask HR - thats me - we are a small company (8 employees) and never have to deal with any of this.

Greatly appreciate any knowledge on the subject

Re: Question about leaving work / disability

for the first question...i think you can still get the disability, but maybe not tell the company you dont decide on going back? because if you do, i think they can deny you the disability then.....im not positive on this though..sorry


if you are fired, i dont think you can get disability then unemployment. they may give you the unemployment first, and only thAT.
if you get pregnancy disability, then the unemployment. then i think thats different.

Re: Question about leaving work / disability

crashing but i just wanted to say that you can't be fired or replaced while on maternity leave - it's illegal. if you did something crazy and went on maternity and then took all your vacation, unpaid vacation, sick days etc. just to prolong your leave then they could probably fire you...

the way our company works is if you need more time than allotted they let you use your disability before the baby is born and then based on the method of delivery you get 6-8 weeks off. i'm sure if something went wrong with the delivery and your recovery time was longer than it would be with a vaginal birth or c section you would be able to prolong your leave with disability. i don't think, however, that you can use disability past maternity leave without a valid medical excuse.

Re: Question about leaving work / disability

all companies are different w/ some respect but as far as i know

- i totally agree with the PP that they can't fire you while on leave (the only way they can do this is if they completely eliminate your position and don't get anyone to fill it and that's still sketchy)
- you are entitled to the full disability your company offers you, most make you use sick time first and then pay out of disability but again some are different, according to FMLA you get 3 months off no matter what from when you leave -no matter when you give birth - but how companies pay is up to them. . (this is assuming you have been there over a year, if you have been there less than a year, it's at their discretion and you basically have no legal rights to squatto)
- if you start collecting unemployment for any reason you can't collect disability too - so you would be on one or the other, not both. .

on and not going back is not suposed to affect what your leave is. .. you are required to notify them if you have no intent to return but you do not have to do that before you go on leave . just after you are on leave. .

Message edited 11/5/2010 3:43:33 PM.

Re: Question about leaving work / disability

Re: Question about leaving work / disability

Re: Question about leaving work / disability

Re: Question about leaving work / disability

yeah sorry. that is not for smaller companies. . if you are really not planning on coming back to work I might just ask your boss to lay you off if he is willing to do that. . that way you can just start on unemployment as soon as you go and it last pretty long now - and it would def be more beneficial in the long run to be able to collect for a longer period of time ..

are you on your DH's insurance? if you make a decent amount of $ then uninsurance can be pretty good. . (not as far as a dully paid maternity leave but pretty good none the less) I do happen to know that unemploment in NY maxes out at about $410 a wk (and this would be for jobs anywhere over 75K a year I think so you can guestimate from around there)

it can be pretty confusing!

Re: Question about leaving work / disability

Sounds like your right - if i can get layed off that would be the most beneficial way to go since unemployement would pay more than disability. And yes im on DH ins so its really only the income we'd be missing.

Also - just read the disability claim form and it states right on there to use the form if you become disabled while employed or within four weeks after termination of employment. so i guess that means that you dont have to go back to your job - your still entitled to it.

Re: Question about leaving work / disability

I was laid off while I was on maternity leave. Its not illegal. The company laid off more than half my department, and I was one of the people they got rid of. They paid out my vacation and the few weeks I had left of leave. It all came in one check which sucked because they tax it like it was a bonus. I was able to file for unemployment right away. As for the disability, I'm not sure because I had already used that up when I was on bedrest, but I would think if you are let go they would not have to pay it.

Message edited 11/5/2010 8:11:47 PM.