Hi, I have a question.

Last year I was injured while at work, at that time I was out of work for 16 weeks. During that time I did have surgery. It is now over a year later, and I require a more serious surgery that will render me off of work for 6-12 months. My company has a new policy that you can only have 12 weeks out, then they will terminate you. I am going into this surgery knowing to start with, that my minimum time out will be six months. Is this legal for them to do? And, if so, is there any way I can get around this. I read on some other state threads that you may file for FMLA as well as disability, which sounds as though it may give me the time required. I appreciate any help you can give me into this matter.

FMLA provides up to 12 weeks off for eligible employees by their covered employers. You can read aobut it at: http://www.dol.gov/esa/regs/compliance/whd/whdfs28.htm

Thanks for your help! :)

Just to be clear, you do not get to file for x weeks disability leave and then 12 weeks FMLA on top of it. Unless your state specifically requires that they give you more than 12 weeks (and I don't know of any state that requires that they allow you 6 months) you can legally be terminated when your FMLA expires, regardless of the status of any disability benefits you may qualify for.

"Disability" is income replacement, not protected leave time.

My wife is pregnant and is due the end of july, we have been looking for where to file for disability while she is off. Can you help me out? thanks Larry

Unfortunately, unless you or her employer maintain a short-term disability insurance plan, there are no disability benefits for a woman on maternity leave.

We moved to louisiana from california and when my wife was pregnant in california she was on disability. Are you saying that Louisiana does not have that benefit?

Yes, Louisiana does not have that benefit. Only a few states do. Louisiana is not one of them.