If you are expecting a baby, you may be feeling all sorts of emotions – excitement, anticipation, joy – and maybe also a little anxiety and worry. All of these emotions are normal and understandable. Sometimes, the worry and stress centers on how you’ll continue to provide for yourself and your baby while you are on maternity leave. If you find yourself in this situation, you may wonder if you might be entitled to some compensation in the form of short-term disability benefits while on leave. Let’s take a closer look at the law together.

Are There Any Laws Regarding Maternity Leave?

Unfortunately, no federal laws specifically govern maternity leave in the United States. Many countries do offer mandatory maternity leave. The United States isn’t yet one of them, but several states do have paid medical and family leave plans that replace some of a mother’s salary while she is out on leave, and others are considering it. While employer-sponsored paid leave would also be ideal, unfortunately, not everyone works for an employer that provides it.

The good news, however, is that although there are no federal laws specifically addressing maternity leave, there is a way to still attempt to ensure that you can have some time off and still receive some compensation while doing so. Often, those who do not have employer-paid maternity leave combine the benefits of a short-term disability policy with time off under the Family Medical Leave Act. Let’s examine both and how they may help.  

What is the Family Medical Leave Act?

The Family Medical Leave Act is a federal law that makes it possible for certain employees to take unpaid leave for certain medical and family reasons while their jobs remain protected.

To qualify for FMLA, you must:

• Work for a company in the private sector that has at least 50 employees, or for any public sector employer, regardless of size.
• Work for the particular employer for at least 12 months, and at least 1,250 hours during the preceding 12 months.
• Have a qualifying reason to take the leave.

FMLA is not paid leave, but it does offer job security for those who need time off to address a serious medical condition, give birth, care for a family member, or for another qualifying reason. Under the law, each eligible participant can take up to twelve weeks of unpaid time off. During your time off under FMLA, any employer-sponsored health benefits will remain intact, and you cannot have your salary reduced or lose your job.

If you can obtain FMLA, you may be able to use that time in conjunction with your short-term disability benefits if you have them, which would be an ideal way to extend the time you have on maternity leave as well as to receive needed financial compensation. If you don’t qualify for FMLA, however, you may still qualify for compensated time off under a short-term disability policy alone.

What Are Short-Term Disability Benefits?

If you are eligible for disability benefits through your employer, you are likely eligible for short-term disability insurance. Even if your employer doesn’t offer benefits, you can still purchase a policy independently. Essentially, short-term disability insurance partially replaces your income for a limited period of time. Short-term disability typically doesn’t replace the full income but does replace a portion, depending upon the terms of the policy itself.

Often, we are asked how long short-term disability payments will last. Typically, the period is three to six months, although it may vary depending on the policy’s specific terms. While plans often begin providing compensation after a baby is born, you may be able to receive compensation sooner if your doctor recommends bed rest, for example. Regardless of when they start, however, these benefits can be tremendously helpful during the time that you’re away from work.

Understandably, all of this information may seem complicated, and if you are expecting a child, you don’t need to worry or stress about wondering what step to take next. The good news is, you don’t have to. At Muse Disability, we’re here for you.

MUSE DISABILITY – Here For You

If you are anticipating a child in the near future, you have so much to look forward to and so much to plan for. The last thing you need is to worry about whether or not you’ll be able to afford the things you need when you’re home with your baby and away from work. At Muse Disability, we understand that – and that’s why we’re here to help. We know and understand every aspect of the law pertaining to disability benefits, and we’ll walk with you each step of the way as you pursue the benefits you need and deserve. If you’re ready to get started, give us a call today. We look forward to helping you soon.