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What am I entitled to? son born 3/2008, disability leave 10/2008, Pregnant Again - CT

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  • What am I entitled to? son born 3/2008, disability leave 10/2008, Pregnant Again - CT

    I have a unique situation. I gave birth to my son March 28 of 2008 and took 6 weeks of leave with 60% pay. I returned to work part time for 10 weeks, then I returned full time. On October 4th, a dog attacked me and I suffered an extradural hemorrhage. I was very lucky having gone to the hospital right away and I am recovering. I was out on full disability leave until Jan 5th 2009. I returned to work part time (4 hrs a day) from Jan 5th to Feb 23rd. From Feb 23rd to current I have been working 30 hours a work hoping that my neurologist will allow me back to work full time soon.

    I have just discovered I am pregnant again due Oct 22nd. My husband and I are shocked and have consulted with all doctors about my health. All are in agreement that I can follow through with this pregnancy.

    My question is: What leave am I entitled to when I give birth? Can I take my 12 weeks FLMA? Do I qualify for disability pay at 60% for the 6 or 8 weeks? I do work for a company with 400 employees and I live/work in Connecticut.

  • #2
    Those are questions you're going to need to ask your employer. Whether you're eligible for FMLA will depend on when you need to begin leave, the number of hours you will have worked in the 12 months prior to that leave request (you must have worked at least 1,250 hours), and how your employer tracks FMLA time - by calendar year or by a rolling 12-months.

    As to your employer's STD benefits, I can't think of any reason why you wouldn't receive benefits but again, you'll need to discuss that with your employer. We don't know anything about the benefits they provide.


    • #3
      Thank you. I didn't know about the 1250 hours. My company is has great benefits, but I may have exceed it. I will check with my HR department.


      • #4
        These are the Ct. pregnancy disability leaves:

        (Federal Law)
        The federal Family and Medical Leave Act applies to private employers who have 50 or more employees each working day during at least 20 calendar weeks or more in the current or preceding calendar year. Public agencies, including state, local and federal employers and local education agencies (schools) are also covered by the FMLA.

        In order to be eligible for FMLA leave, an employee: (1) must have worked at least 12 months (need not be consecutive) for the employer; (2) must have worked at least 1,250 hours during the 12 months immediately preceding the date of commencement of FMLA leave; and (3) must work at a work site within 75 miles of which that employer employs at least 50 employees.

        Under the federal FMLA, a covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid, job-protected leave during any 12-month period for one or more of the following reasons:

        **for the birth and care of the newborn child of the employee;**

        for placement with the employee of a son or daughter for adoption or foster care;

        to care for an immediate family member (spouse, child, or parent) with a serious health condition; or

        to take medical leave when the employee is unable to work because of a serious health condition.

        (Connecticut Law)
        Under the Connecticut Family & Medical Leave Act, employers with 75 or more employees must allow eligible employees up to 16 weeks of unpaid leave in any two-year period **in the event of the birth or adoption of a child,** serious illness of the employee, or serious illness of a child, spouse or parent (including parent-in-law).

        Eligible employees are those who have been employed for 12 months or more (need not be consecutive) for a covered employer, and who have worked 1,000 or more hours in the 12-month period preceding the first day of leave.

        Employers subject to both the state and federal family and medical leave laws must provide the benefits most generous to the employee under both statutes.

        (Connecticut's Fair Employment Practices Act) (which applies to employers of three or more employees) **requires employers to allow a reasonable leave of absence for disability resulting from pregnancy.** Further, an employee disabled by pregnancy cannot be denied any compensation to which she is entitled as a result of the accumulation of disability or leave benefits. ****Note that this statute applies to employees who might not otherwise be eligible for FMLA leave, as well as to small employers who are not subject to the FMLA laws. *****
        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

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