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Short Term Disability - Maternity Leave - New York New York

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  • Short Term Disability - Maternity Leave - New York New York


    I have short term disability coverage with Cigna that covers 60% of my salary up to 19weeks. I believe that FMLA requires the employer to provide up to 12 weeks (Employer has >50).

    Am I permitted to use the full 19 weeks of short term disability coverage? Is my employer permitted to restrict me to the 12 FMLA weeks, despite the fact that I have short term disability that will cover me for 19 weeks?


  • #2
    Short Term Disability is not leave from your employer, it is simply income replacement while you are on leave from your employer. You get 12 weeks for FMLA. If your employer wishes to grant more that is up to them.

    Keep in mind that most disability plans will only pay while you are medically incapable of working and not while you are home bonding with baby. I would be surprised if it paid for more than 6-8 weeks of your absence.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      If you qualify for FMLA, the max. you get is 12 weeks of job protected leave.

      Short term disability income just pays you while you are out on disability leave.
      (while you are disabled) Your job protection is under FMLA.
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