Expecting a child can be an experience that creates excitement and anxiety at the same time. You are probably eagerly anticipating all of the joy that a new baby can bring, while perhaps also worrying about how you’ll continue to pay your bills while you’re unable to work and on maternity leave. Both of these feelings are normal and understandable. If you find yourself in this situation, you may wonder whether or not you should pursue short-term disability benefits. Let’s take a closer look at what benefits may be available and how to pursue them.
The Family Medical Leave Act
For most mothers, having a baby means taking at least some maternity leave. In the United States, unfortunately, there is no standard maternity leave for new mothers. This can be discouraging and frustrating, but the good news is that there is hope of protecting your job under the Family Medical Leave Act, or FMLA, for short.
The FMLA will protect your job for up to twelve weeks, and leave can begin as early as four weeks before the expected due date. You may be able to receive FMLA protection if:
- Your employer has at least 50 employees in a 75-mile area
- You have worked at least 1,250 hours in the past year
- You have worked for the employer for at least twelve months.
If you meet these conditions, your job may be protected by FMLA while you are on maternity leave. It’s important to understand, however, that while FMLA protects your job while you are on leave, it doesn’t guarantee payment during that leave. Increasingly, more states are offering paid leave under the FMLA, although this does not apply in all states or situations. For payment while on leave, you may also need to seek short-term disability benefits.
What Are Short-Term Disability Benefits?
Short-term disability benefits are benefits that are intended to replace all or part of your income when you’re unable to work for a relatively short period of time as a result of a condition that the particular policy or insurer covers. Pregnancy is one condition that may be covered under some of these policies.
Short-term disability benefit policies may be obtained in a variety of ways. Sometimes, people purchase these policies privately, although in many cases, employers may also offer short-term disability insurance as part of a job benefits package.
If your employer offers short-term disability benefits, it will be essential to review the policy and ask any important questions of your employer regarding the policy. You will want to find out whether or not pregnancy and maternity leave are covered by the policy, how long the coverage lasts, and how much will be paid under the policy. Depending upon your circumstances, you may want to ask other important questions as well.
If your employer’s short-term disability policy covers pregnancy and maternity leave, you may be able to receive benefits under that plan if you can provide medical evidence regarding your pregnancy from a certified physician. Although the terms of policies may vary, it is typical for those receiving benefits under these policies to receive approximately 50-70% of their income while on leave. Often, leave lasts for around eight weeks, although as noted, policy terms may vary.
In terms of how to seek the benefits available under your particular policy, it will be essential to consult with the human resources manager at your place of employment regarding any paperwork you will need to submit and any medical records you may need to gather. If you have complications or additional questions regarding when and how to seek those benefits, consulting with an attorney can also be helpful.
Are Any Other Benefits Available?
Generally, because pregnancy is a condition that is of a shorter duration, benefits intended for a more extended period of time – like those offered by the Social Security Administration, for example – will not be available. While this is generally true, there may be exceptions in some circumstances. If, for example, pregnancy or childbirth leads to a more severely disabling condition that lasts for a year or more, other options may become available. Consulting with an attorney regarding your particular situation is always advised. At Muse Disability, we’re here to help.
Muse Disability – Here For You
At Muse Disability, we believe that walking with our clients through various stages of their lives is an honor and a privilege. It’s one we don’t take lightly. We know that when you need a legal team to represent you, you have many choices. That’s why we strive to be the best choice. We are proud of the reputation we’ve developed for pursuing the best legal strategies on behalf of every client we serve, and we’re ready to do the same for you. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.
Sources
- The Family Medical Leave Act: https://www.dol.gov/general/topic/workhours/fmla
- Short-Term Disability: The Basics: https://legal.thomsonreuters.com/en/insights/articles/short-term-disability-and-fmla

