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NYS Disability Law Regarding Pregnancy New York

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  • NYS Disability Law Regarding Pregnancy New York

    My wife is due to give birth on January 20,2010.

    She is a home health aide and can no longer at this point work really as of 21 December 2009.

    Can she try to get disability this early? What are the consequences if the tries for FMLA leave until her pregnancy and then tries for disability?

  • #2
    http://ww3.nysif.com/DisabilityBenef...laimsFAQs.aspx

    (It took approximately one minute on Google to find that )

    Any time she takes before the birth WILL be applied to FMLA.
    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.

    Comment


    • #3
      Thats helps. I guess she has to apply for FMLA and hope she can get the disability after the baby.

      Comment


      • #4
        Just so there is no confusion, FMLA is leave. Disabilty is not leave - it is income replacement. It's how you get paid WHILE you are on leave.
        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.

        Comment


        • #5
          "If" she qualifies for FMLA (all the requirements are met), she will receive up to 12 wks. of unpd. job protected leave. FMLA will protect her job while she is on leave. N.Y. SDI does not protect her job (it's not leave) but will pay her an income while out on pregnancy leave. (ie FMLA leave)
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Sorry, cbg. Your 2nd post wasn't there when I started mine.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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