I am a Massachusetts employer who admisters HR benefits for two separate companies with common ownership. Both companies have less that 50 employees within a 75 mile radius.

An employee went out on STD due to complications to her pregnancy. She delivered her baby c-section 11 weeks into STD. After her 12 weeks of STD she applied for LTD which was approved by the carrier for 8 weeks post delivery. This is her 19th week out of work. She has indicated that she does not plan on comming back to work until 12 weeks from her delivery date, because that is what she thought was due to her. She has also informed me that he has had and been treated for Post Pardom Depression since the birth of her child and can supply documentation if needed. She also said she can see what she can do if we need her to come back to work sooner than what she had planned, but had not secured any daycare as of yet.


Notes:

Our STD is a self-funded plan based on length of service. Benefits are for a maximum of 12 weeks.

LTD kicks in at 90 days - based on the carriers approval.

We informed the employee that all her time available had been exhaused and that we expected her to return to work at the end of the 8 weeks post delivery. Which is the same period allowed by our LTD pland and MMLA 8 weeks.

Questions:

How long are we required to hold her position?
Are we subject to FMLA?
If so, does STD and FMLA run concurrent?
Is PPD covered under ADA? Are we subject to ADA?
If so, how long must we hold her position?

Any and all information and guidance would be greatly appreciated.

Thank you.

If there are less than 50 employees in the 75 mile radius, then FMLA does not apply. If there are more than 6 employees, MMLA applies but that is only for 8 weeks.

Even if this woman is suffering from PPD and it rises to the level of a disability under ADA and requires a LOA, there is no set duration you must approve. Given your size and the length of time she has been out already, you are probably safe to say you can not extend the leave any longer than the 8 weeks after giving birth. You have already gone well above what the law requires as it is. She can still collect LTD if she meets the requirements for the plan, but you don't necesarily have to hold a job for her.

As for holding her job now, you didn't have to hold it for the 11 weeks she was out prior to giving birth. Now that she is into the 8 weeks of MMLA, you should hold it for at least that long. Once the 8 weeks expire, you no longer have to hold her job. Whether you can and choose to allow her the extra month of leave, is up to you.

Thank you so much for your assistance. The information you provided is very helpful.