MATERNITY DISABILITY FAQ
Now that I’ve got your attention……..
DISABILITY DEFINITION (for California residents please check with your local state government)
Pregnancy Disability Leave (PDL) occurs when an employee takes a disability leave due to pregnancy, childbirth or a related medical condition. Pregnancy Disability Leave gives an employee the right to return to the same or similar position
Eligibility is based on information from the medical treatment provider certifying that an employee is unable to continue working due to pregnancy, childbirth or related medical condition. An employee may be covered by PDL for up to 4 months. Typically, PDL is combined with FMLA and runs concurrently.
After the FMLA and PDL benefits have been exhausted, the employee may be eligible for parental leave of 12 additional weeks under the California Family Rights Act (CFRA). Therefore, an employee may be entitled to a maximum of seven (7) months of pregnancy/parental leave (4 months-PDL/FMLA and 3 months-CFRA).
How long am I allowed to be off work due to my pregnancy?
A. Disability claims under your plan and the time off for your pregnancy are based on the policy through your employer. Many plans allow six weeks. Many states also have laws that are designed to allow extended leaves of absence while guaranteeing continuing employment with the company.
Am I allowed any time off before my Expected Date of Hospital Confinement/Delivery?
A. In some instances, a person can perform her occupation right up to the time of hospital confinement while others may have problems that disable them before that date. Based on your condition, and your employers plan, you may be allowed time off prior to the expected delivery date.
Am I allowed a longer disability for a cesarean section vs. a normal delivery?
A. Six weeks is a guideline for both types of delivery. C-Sections are treated the same as any other abdominal surgery. A six-week guideline is the normal recovery period for this type of surgical procedure. Unless your policy specifies a C-section recovery period, extension beyond this guideline is considered when medical documentation is received. This medical documentation must identify and support specific medical complications that prevent you from working.
Is my physician required to do more than document disability dates for me to receive maternity benefits?
A. If medical complications arise which prevent you from working as scheduled, documentation by your physician outlining specific restrictions and limitations including antepartum and/or postpartum records must be submitted. At this point, your claim will be reviewed.
Does Complication of Pregnancy mean that I’m breast feeding my baby or I need more time for bonding with my baby?
A. Disability benefits are available for time loss due to your inability to perform your occupation, not for complications or custodial care that may arise with a newborn child.
Do my benefits begin on the first day of my disability?
A. Benefits begin after the elimination period. The elimination period is the period of disability which must be satisfied before you are eligible to receive
If my delivery date falls within the elimination period, do I still receive six weeks of benefits?
A. No. Usually they approve the claim for six weeks postpartum. While this six-week approval period begins on the date of delivery, benefits are not payable until the elimination period is satisfied. If delivery occurs during the elimination period, the actual period of payment will be less than six weeks.
Read about the family medical leave act here
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