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View Full Version : Disability vs. FMLA


edwca02
12-27-2004, 01:25 PM
I am currently 2 months pregnant - this is my third pregancy while at the same employer. Previous two FMLA leaves went seamlessly - just fine. This time, however, I am having twins. This is new and exciting, but also worrisome because of potential complications, including possible physical limitations and even bed rest further into the pregnancy. Also, twins are often born via cesarean section and of lower birth weight. Just trying to get a handle on how these issues could pan out. Although I have not seen it explicitly noted in our HR handbook, I have read on this site that FMLA and disability can run concurrently - not good if any of the above occur. What happens if I am out on bedrest because of doctors orders for several weeks and then have a cesarean and my FMLA is up? Then what? I get to go back to work - not recovered - with two tiny newborns at home? I have obvious concerns about 1)income continuity and 2) job security. Seems to me that there should be something out there to cover this. Is this at a company's discretion? Or, why would bed rest not be considered disability so that your FMLA starts when you actually give birth. I feel like I have to be very sneaky with my employer in terms of how much they know about my condition. I have also heard that if your doctor orders you to bed, with no notice, that they can't count it as FMLA leave because you have not given the 30 day notice. However, since this would likely happen after I have filed my FMLA paperwork, I could see where they would like to count it toward FMLA.

LConnell
12-27-2004, 05:07 PM
Unfortunately, in most states, there isn't any other protection beyond the FMLA. If you use up your FMLA, then the employer has the ability to terminate you. You can continue your insurance through COBRA, but at 100% of the cost plus administrative fees. I believe that you were misinformed about there being a benefit for not giving notice of a leave. If you don't follow the procedures related to FMLA, you lose the protection of FMLA.

What state are you in? There is at least one state that offers additional protection for leaves such as yours.

unionwayne
12-27-2004, 07:08 PM
When your doctor orders you out of work for a serious health condition, the employer is not only able to place you on FMLA, the employer is required to do so.

To learn more about the federal FMLA, go to the U.S. Dept. of Labor website, www.dol.gov. Also, go to this website, http://www.afscme.org/otherlnk/weblnk29.htm, and click on your state to find out if you have an FMLA law in your state.

Good luck.

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