I am out on Disability now for having my baby. My due date was October 1, 2006. I was put on bed rest on 8/12 and my baby came early (via C-Section) on 9/1. She was born with a condition that required surgery & 3 weeks in the Neonatal Intensive Care Unit. She just came home on 9/29 and I am due for my doctor's appointment on 10/12 where the Dr is probably going to release me from disability and let me go back to work. Her surgeon says that she cannot be around crowds or other children for about 3 months due to her immune system being compromised from the surgery and being early, therefore, no day-care and very limited outings. How do these labor laws help or hurt my situation? Is it mainly up to my employer wether to accept me being out longer?

I'm very sorry to hear of your situation.

Under Federal law, you are entitled to up to 12 weeks of leave for your own illness OR for care of a dependent who has a qualifying medical condition.

NJ law grants you up to 12 weeks of full time or 24 weeks on a part time schedule of protected leave that is SOLELY for care of a qualifying dependent with a qualifying medical condition.

Since you have so far been out for your own medical condition, and since the NJ law does not allow for that, you may still qualify for additional time to care for your baby. However, while I'm sure that the surgery and associated recovery time will qualify, I'm not sure if just keeping her out of crowds and daycare will. That's something you'll need to ask the state.

You will NOT qualify for disability benefits during this time. Unless you have paid leave available to you through your employer's policy, it will be unpaid time.