Disability and Family Leave
Does 6 weeks disabilty for maternity count against the 12 weeks FMLA?
Can an employee get 6 weeks maternity disability then take paid vacation then 12 weeks of FMLA?
Yes, the 6 weeks of disability after childbirth normally counts as a portion of the 12 weeks of FMLA.
Under federal law, most employees are entitled to 12 weeks of unpaid, job-protected leave under FMLA, the Family and Medical Leave Act. Normally an absence over 3 to 5 days counts as FMLA. The employer can count paid sick leave or medical disability (or even workers comp leave) as FMLA, as long as the employee is notified at the beginning of leave, in writing, that it is FMLA.
Depending upon the type of delivery and complications, most women are disabled for 4 to 8 weeks after childbirth. This disability counts as a portion of FMLA for most employers.
It was never the intention of FMLA that employees receive 6 weeks of disability, plus 2 to 4 weeks of vacation, plus 12 weeks of FMLA for a total of 20 or more weeks off work.
Under new FMLA regulations that went into effect in January 2009, employees have the right to use paid leave as a portion of their FMLA. But in most cases they do not have the right to use 12 weeks of unpaid leave, and then use their paid leave. Only the most generous employers allow this.
A number of states have family leave laws that would change this answer, however, since you reference only the FMLA, we are going to assume that you are not in one of them.
Tags: FMLA, leave, paid, short term disability, unpaid
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February 16th, 2009 at 4:12 pm
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February 18th, 2009 at 8:26 am
[…] ยป Disability and Family Leave Human Resource Blog Can an employee get 6 weeks maternity disability then take paid vacation then 12 weeks of FMLA? Yes, the 6 weeks of disability after childbirth normally counts as a portion of the 12 weeks of FMLA. Under federal law, most employees are entitled to 12 weeks of unpaid, job-protected leave under FMLA, the Family and Medical Leave Act. Normally an absence over 3 to 5 days counts as FMLA. The employer can count paid sick leave or medical disability (or even workers comp leave) as FMLA, as long as the employee is notified at the beginning of leave, in writing, that it is FMLA. […]
May 5th, 2010 at 2:21 pm
Just wanted to say I really liked the post. You have really put a lot of energy into your posts and it is just awesome!
May 5th, 2010 at 7:35 pm
Check back often, tommy! We post 5 days per week!~ Caitlin
June 22nd, 2010 at 4:28 pm
My brother and his son were killed in a tractor trailer accident on 6/1/10. My sister-in-law is a total mess. Is she entitled to state disability?
June 22nd, 2010 at 5:22 pm
Hi Susan! Our sympathy on your loss. Your sister may very well be suffering from depression or actue grief, which would entitle her to FMLA (and to disability in the five states that provide it.) HTH, and thanks for reading the blogs!~ Caitlin