I’m wondering if am I eligible for any NY state disability when I take unpaid maternity leave? According to this board, it’s only $170/week? Also, if STD miraculously comes through, am I eligible for both?

- I tried applying for our company’s STD, but received a letter saying to apply again once the baby was born: “we would be willing to re-consider you for coverage after delivery and release for post-partum care.” It took a long time to get this reply, so I’m not hopeful. But if it does come through, I’m not sure I can even try to apply for state disability.

- I work in New York for a company with around 30 local employees. FMLA therefore does not apply.

- I've been at my company for almost two years full-time.

- My company has offered me 12 weeks unpaid leave (though they technically don't have to offer any leave).

- The company does not have a formal leave policy, nor an HR department; and I am the first woman they've had in this situation. So any input would be appreciated.

I've found info that leads me here: http://www.wcb.state.ny.us/content/m...estions_DB.jsp

But the wording is confusing to me. I am not "disabled" in any traditional sense. Nor do I anticipate medical complications. I'm wondering if I can get coverage (% of pay) under this leave (or maybe another) for time off to care for my baby? If so, how do I apply? When? For how long am I eligible?

Or should I hold off and see if that STD actually comes through?

Am I supposed to hunt out paperwork and have it on hand when I give birth for my doctor to sign? Seriously, this situation has been stressing me out.

Thank you for any help.

Disability is how you get paid when you're on leave, if you are considered medically unable to work. Your employer should be able to provide the forms for you doctor to certify when you are not able to work. I don't know what NY law provides for, if anything, in regards to what is considered "disabled" when it comes to pregnancy.

Since FMLA does not apply and, to my knowledge, NY does not have a law that would provide similar coverage, DI benefits would be payable only when medically unable to work. It does not provide for benefits for baby bonding.

I just want to be clear about this because it makes a difference what I suggest. You are not being accused of anything untoward; I just want to make sure I have my facts straight.

I am interpreting your post to mean that your employer offers short term disability; you initially turned it down, and reapplied for it after you became pregnant. (Understandable if true - I say again, I'm not accusing you of anything.)

Do I have it right?

cbg - I don't feel accused. In the end I take full responsibility for this unpleasant situation.

I didn't enroll (if that's the term) in our optional STD (CIGNA) when I first became eligible. I called a rep when I found out I was pregnant and was told to fill out a form because they accept people no matter when, as long as they are eligible by length of employment. I eventually received a letter that said they won't cover me now but to reapply after delivery and release.

I intend to try to contact someone to make sure the current denial is because I'm still working, which makes complete sense, rather than because they consider the pregnancy a pre-existing condition. Not sure why I would be invited to reapply if they did. Also was led to believe by rep that it's not re-existing b/c I was eligible before getting pregnant. Although, I realize the rep is not the final word.

Please note, I do not have an HR department to give me forms. We're expected to handle everything on our own through Administaff. Can't complain too much since the benefits are excellent for a small company.

I can't answer for what CIGNA will do because that is going to depend on the terms of your specific contract. If your pregnancy is not covered, it is my understanding that you will still qualify for the NY disability plan, which is not dependent on your eligibility for your company's plan.

It is not unusual for a pre existing pregnancy to be excluded from coverage.
One of our employees was looking at disability (understanding that it wouldnt kick in until after the birth) and was told by the agent that she should wait until she had the baby and was back at her pre-pregnancy weight before applying. Sounded a little odd to me but thats their rules.

It is not unusual for a pre existing pregnancy to be excluded from coverage.
One of our employees was looking at disability (understanding that it wouldnt kick in until after the birth) and was told by the agent that she should wait until she had the baby and was back at her pre-pregnancy weight before applying. Sounded a little odd to me but thats their rules.

I'm with you up until the "back at her pre-pregnancy weight". Are they kidding me? :eek:

The reason I was given was that since she hadnt signed up originally during the 30 days after employement, that anyone adding later has to have a screening look and her weight might put her in a higher risk category...

As I said, it sounded odd but the employee came back from maternity leave for a week and a half before she put in her notice so I never made other inquiries.

Thank you for your responses. Sounds like there is still a chance that STD will come through and if not that I'll I can apply for state disability.

Right. N Y state disability will pay a pregnant worker for the time certified by her dr. that she is unable work.