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Maternity Leave vs Short Term disability West Virginia

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  • Maternity Leave vs Short Term disability West Virginia

    If someone was put on Short Term Disability due to health complications as a result of their pregnancy are they still eligible for there full 12 week of paid maternity leave after the birth of their children. If not is a single mother of three eligible for any extra paid leave due over and above 12 weeks due to the sickness of new born twins.

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    Is the individual covered by FMLA? She would be if all of the following are true:

    1. She's worked for the employer one year or more.
    2. She's worked more than 1250 hours in the past year.
    3. The employer has 50 or more employees with 75 miles of her job site.

    If so, she's eligible for 12 weeks of job-protected leave in a year. Unfortunately, with some women, if they have to take time off before the birth, it reduces the amount of time that's available after the birth.

    FMLA is by definition unpaid leave. For that reason, many employers offer short term disability to provide income protection. STD is not a type of leave -- it's how a person gets paid while they are on leave.

    If the employer offers 12 weeks of paid maternity leave, whether it will extend that for the circumstances you've described is a matter of the employer's policy. Legally, all they have to provide is 12 weeks total per year, unpaid.
    I am not able to respond to private messages. Thanks!

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