I am a teacher in a local school system in the state of New Jersey. I am six months into the pregnancy and it is a difficult pregnancy. I have applied for FMLA and disability. My employer has rejected the FMLA paperwork. Further, the employer stated that the school system is exempt from disability and has denied that employment distinction. I understand that they do not participate in the disability insurance program, but does that mean that they can deny my disability?

FMLA provides 12 weeks of unpaid leave for serious medical conditions; disability insurance is how you get paid while you're on what would otherwise be unpaid leave.

My understanding is that schools do not pay into New Jersey's state disability insurance system so, unless you've purchased other disability insurance, you will not be paid while you're on leave.

With regard to FMLA, has the school system given you a reason as to why it is rejecting your paperwork? I'm assuming that the school meets the size standard of 50 or more employees within 75 miles of your job site. Have you worked for the school system more than 12 months and 1250 hours in the past year? You mentioned that it is a difficult pregnancy, but has your doctor provided clear documentation that there is a medical need for you to be on leave? You need to have a medical reason for going on leave under FMLA. We see a number of posters here who want to go out on leave before it's medically necessary because they are uncomfortable.

Educational institutions are subject to the FMLA no matter how few employees.
http://www.dol.gov/esa/regs/compliance/whd/1421.htm#2a

Why did they say they rejected your FMLA request?

Are you trying to take off now for pregnancy or did you submit the forms early for the birth? If you are taking off early, what reason did your doctor give? Unless there is a medical reason, leave does not have to be granted.

I have requested copies of the rejected FMLA documents but was informed that they do not have to return these copies to me. They will only talk on the phone and send notices to me in the mail that the FMLA has been rejected for lack of cause.
My doctor has completed the forms on two separate occasions. They keep being denied.
I am unable to stand or walk for more than ten to fifteen minutes due to excessive pain, and must remain in a reclined position for most of the day. This is my second pregnancy, so this has nothing to do with feeling uncomfortable.
Concerning disability: I understand that it is an insurance program. However, can one be disabled without the insurance remuneration factor?
Thank you all for your insight and information.

Whats the Unions position?
JoeC

However, can one be disabled without the insurance remuneration factor?

Of course a person can be disabled without having disability insurance.

Your original post indicated that you had applied for both FMLA, which is job-protected unpaid leave, and disability, which is how you would get paid while you are on what would otherwise be unpaid leave.

If you feel that they unfairly rejected your request for leave under FMLA, your recourse is to file a complaint with the U.S. Department of Labor.

If you feel that your request to collect disability insurance while on leave, whether it's FMLA leave or otherwise, has been unfairly rejected, your recourse is to pursue the appeals mechanism that is available through your insurance plan.

I would ask the doctor for copy of what they sent. It should be in your chart. My experience here tells me the doctor probably indicated that you were pregnant and due on X date, but not why you need to be off early. I get notes all the time that indicate that employees need to sit more often or take more frequent breaks, which does not mean they must be totally off work under FMLA. There still must be a medical condition beyond just pregnancy in order to be covered. If it isn't clear why the employee needs to be off, yes, leave is denied.

Given the typical demographics in a school system, I would find it very surprising if they were unaware of their obligations under FMLA when it comes to maternity. When 3/4 of your employees are women of child bearing age, you tend to know the rules.