t95bqvz
03-07-2006, 12:32 PM
I have a pregnacy medical condition and my doctor told me to stay home for the next month until i give birth. I work in NY city company with 50 employees. I told HR and they said I would have to take maternity leave and said I could not take STD. When other employees have medical condition (other than preg related) they take STD. I thought under Federal EEO laws it was illegal to discriminate against employees on the basis of pregnacy related medical conditions and that the employer must treat it the same as any other temporarily disabled employee.
Can the company force me to take early maternity leave (use up part of my 3 months for my condition) vs STD?
It's not either/or. STD provides income replacement. It has nothing to do with leave time. That is an unfortunately common mistake. Maternity leave has to do with leave time. FMLA has to do with leave time. STD has to do with pay. It is quite possible, and quite common, for the two to run concurrently.
Whether or not you are eligible for STD depends on whether or not the condition for which you are out of work qualifies under the plan document. If it is, you get STD benefits; if it doesn't, you don't. (I'm not talking about pregnancy - I'm talking about whatever special condition is responsible for your being told to stay off work). It is by no means uncommon for a disability policy not to provide any benefits on a pregnancy until you are actually medically disabled, and often that means until the birth itself.
However, as soon as you are not working, that is part of your maternity leave, whether you are receiving STD benefits or not.
t95bqvz
03-07-2006, 12:49 PM
my doctor told me my condition is covered under the short term disability insurance. if he's correct, can the company force me to take early maternity leave even if I prefer to take STD? I would rather take STD and then use my maternity leave for when my baby is born.
You're not understanding me.
STD is NOT leave time. Regardless of whether or not STD applies, your employer CAN require you to take this time as part of your maternity leave.
