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Disability and FMLA Pennsylvania

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  • Disability and FMLA Pennsylvania

    Hello, I am currently pregnant and working in PA. I have a very conplicated pregnancy and will probably be pulled out on disability for pregnancy complications prior to giving birth. My question is if I do go out on short-term disability for pregnancy complications say 4 weeks prior to giving birth. After my c-section which I receive 8 weeks disability to recover, do I still have 4 weeks of FMLA or not.
    My work is saying that it runs concurrent with disability, and that if I have 4 weeks out prior to birth, I will only have 8 left after birth. Please help....PAT

  • #2
    You are entitled to a TOTAL of 12 weeks, period. However many weeks you take before the birth, you subtract that from 12 and that's how many weeks you have left after the birth. If you take four weeks before the birth, you can take 8 weeks only after the birth. If you take six weeks before the birth, you have only six weeks of FMLA after the birth (regardless of how long the disability plan will pay you).

    STD is NOT leave time. It is income replacement. It runs concurrently with FMLA. How many weeks of disability you have available has no connection with how many weeks of FMLA you have.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.