I live in Northern Va and work for a trade association with only about 40 employees. I'm pregnant with twins and my doctor has already said he will put me on bedrest 26 to28 weeks on, meaning I can't go to work and sit at my desk, but I could work from a laptop and phone from my bed at home. My company pays 60 percent disability after 30 days of leave.

My question is does Va. have any other laws that protect my job since I work for a company exempt from the FMLA rule of over 50 employees?

If my doctor puts me on complete bed rest, does ADA protect me?

I'm a valued employee with an excellent past review, but I expect I will need to take 4 to 5 months off, rather than the typical 12 weeks. I could return to work a week or two after having the babies, but that would be so difficult.

My employee handbook mentions maternity leave but only as it relates to ADA pay and not FMLA.

Thanks!

ADA does not normally apply to pregnancy, since it is a temporary condition. To my knowledge, Virginia does not have a similar job protection law to FMLA. However, your employer IS large enough to be subject to the federal Pregnancy Discrimination Act. That means that any leave/benefits/job protection your employer would offer to a similarly situated employee who had to be out of work for a nonpregnancy-related condition, to you. For example, if that employee had a broken leg and had to be out for 6 weeks, then that same policy has to apply to you. (Not sure that I've explained it as clearly as I could, but hope you get the picture.)

Generally speaking, the employer does not have to let you work at home. You're fortunate you have the disability insurance to fall back on for income; we get many posters here who don't.

Hang on for more information if you need further clarification or have more questions.

Virginia does not have any state version of FMLA, nor does any state (with the sole exception of CA and not even always there) protect your job for as long as 5 months.

Even if the ADA applied, it does not require an employer to hold a job indefinitely or to provide more leave than an employee without ADA protection would receive. A SHORT extension of leave can be considered a reasonable accomodation under the ADA; however, as already indicated, pregnancy is only protected under the ADA in very limited circumstances, which do not appear to apply here from what you have said. There is no mandatory leave provision under the ADA.

You are entitled to the same amount of leave that would be available to a similarly situated employee who has a non-maternity condition, whatever that might be. Essentially, you're going to have to work this out with your employer. Since FMLA does not apply, there is no state- or Federally-protected leave available to you and it's going to depend on company policy.