I'm pregant with twins and will likely have to go on bed rest at 28 weeks, according to my doctor. I work at an office with less than 50 employees, but over 30.

The company has a Maternity Leave policy that says:

Maternity Leave
Disability coverage for maternity leave, as with any other covered disability, begins after 30 days of total disability. Disability coverage is 60% of salary.
Disability coverage will become effective and remain in effect only as long as the employee's doctor indicates the employee is disabled and must remain out of work for medical reasons related to her own health.
Salary coverage during the 30 day period before disability coverage begins must be through accumulated sick and/or vacation leave. If the total available is less than 30 days, leave without pay will be granted on request.
Leave without pay after the initial 30-day period or after the disability coverage has expired must be taken up with the employee's supervisor, and must be approved by the President. It will be the company's policy to grant such requests when work requirements permit if the total period of absence does not exceed three months.
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The other women in my office who want on maternity leave said they received no disability pay while on maternity leave, except for one woman who was sick with a disorder, prior to giving birth, that was caused by the pregnancy.

Does this policy give me any grounds to fight for STD after I have the babies? I'm trying to get them clarify, but wanted to see what else I can find out.

I will likely be on bed rest leading up to the pregnancy and may have a caesarean, but then I have to return to work, according to what I hear, a couple weeks after having the babies or take leave without pay?

Your leave is covered by the Family and Medical Leave Act (FMLA) if all of the following are true:

1. The company has 50 or more employees within 75 miles of your job site.
2. You've worked for the company more than 1 year.
3. You've worked more than 1,250 hours in the past year.

FMLA provides 12 weeks of unpaid leave with job protection. Because FMLA is unpaid leave, employers may opt to provide disability insurance to provide income protection while a person is on leave under FMLA. FMLA also provides 12 weeks total. Any time that you have to use before the babies are born is time that you don't have to use after they arrive.

Most disability plans will cover the time that a woman is considered to be medically disabled after giving birth, usually 6 weeks for a normal delivery and 8 weeks for a C-section. I'm a little concerned by your statement that a previous employee only got paid disability for a disability before giving birth, because the law requires that pregnancy be treated no differently than any other disability. My best suggestion would be for you to thoroughly review the terms of the disability policy itself.

Since it is an internal policy and as of yet you have not been taken off work for any reason, you need to speak to your employer about how their policy will apply to you. If the max is 3 months, then you don't get extra time because it is maternity unless your employer chooses to extend this.

EllenMD: acutally my concern isn't do I get more time, my concern is that noone else (four other women) did not get any short term disability pay after giving bith to their children and they were on leave for 12 weeks after giving birth. They all used their vacation/sick leave. After that was exhausted, they wen't on unpaid leave and received no disability pay despite what the policy indicates.


Since it is an internal policy and as of yet you have not been taken off work for any reason, you need to speak to your employer about how their policy will apply to you. If the max is 3 months, then you don't get extra time because it is maternity unless your employer chooses to extend this.

I can't tell you why someone else wasn't eligible to receive benefits. If there is a 30 days waiting period, perhaps after 30 days they were not medically unable to work.

Keep in mind that VA has no mandated disability benefits; the terms of the STD plan document (not the company policy) will rule.