About disability....important question.

Someone at work was told by her OB/GYN that she is eligible for two weeks disability prior to giving birth. He told her this is in ADDITION to the six weeks post partum.

Has anybody heard of this?

Re: About disability....important question.

no i haven't but i i hope its true

Re: About disability....important question.

Posted by Bklyngrl

no i haven't but i i hope its true

Re: About disability....important question.

NYS law states that if you are fully disabled you are entitled to disability.... so, if your doctor decides to put you out 4 weeks ahead of time, because he or she feels you are disabled, then NYS will pay the 170/wk.

Similar to if you had to go on bedrest mid-pregnancy, the doctor would put you out as disabled and NYS would pay the $170 per week for up to 26 weeks for the year.

Ultimately, it depends on when your doctor believes you need to be put out of work and most are flexible from 38 weeks and on.....

Just remember, most companies only allow for 12 weeks of FMLA total and those 2 weeks will count towards the 12.... which means you may lose time with the baby after the fact.....

Re: About disability....important question.

Re: About disability....important question.

I don't think it takes away from the 6 weeks of disability, but it does count toward the FMLA.

Re: About disability....important question.

I asked about the maternity policy at my work and the HR woman I spoke to said I'm entitled to 18 weeks disability paid and FMLA which will run side by side with it. FMLA is 12 weeks.

The woman rambled like 100 miles an hour because I'm sure she says this so many times to people. It just doesn't sound right to me still to me.

Why would FMLA run together with the paid disability? 18 weeks is a long time isn't it? I'm not complaining she did say it was because of my length of service to the company but someone I know whose been there just as longs as me only got I think 8 weeks paid. She came back because she needed the money.

I guess they say you are entitled to max 18 weeks but its up to the disability people or doctor to decide exactly how much I get?

I don't know. If anyone here thinks they know what I'm talking about or what HR was telling me please do so.

I'm having my boss help me in the HR dept as well. My company is in the middle of a take over and HR isn't the nicest people to talk to at this time sincey they are all being let go

Re: About disability....important question.

Thanks for everyone's input. It is confusing. I will have to see about it.

Re: About disability....important question.

Re: About disability....important question.

Re: About disability....important question.

Just remember, most companies only allow for 12 weeks of FMLA total and those 2 weeks will count towards the 12.... which means you may lose time with the baby after the fact.....


This was the part I was questioning...her doc said that it would not take away from the 6 weeks she was entitled to after the baby was born.


That is correct..... FMLA and Disability run completely separate and concurrent. FMLA is simply the amount of time a company has to hold your job for the care of your own dbl, family member or birth of a child in any one year rolling calendar period.

So, most companies allow for ee's to take only the 12 weeks (you should ask your HR Dept... some allow more as company policy) total FMLA allowed by NYS law regardless of how much disability time you are getting. Therefore, if you use 2 weeks of FMLA prior to the baby being born you may only have 10 weeks left after the baby is born.

The DBL, however you can collect up to 26 weeks per year from NYS for your personal DBL. So, technically if your doctor put you out 2 weeks prior and you had a vaginal delivery you would get 8 weeks of DBL..... if you had a c-section you would get 10 weeks....

Re: About disability....important question.

I get it...thanks!