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4 months Pregnant, Dr. is requesting modified work schedule. FMLA? STD? Florida

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  • 4 months Pregnant, Dr. is requesting modified work schedule. FMLA? STD? Florida

    I am 4 months pregnant and my doctor is requesting I be permitted to work from home or have a couch in my office where I can lay down during the day because of a threatened preterm. I made a request to my employer, a large national corporation, and today HR rep sent me FMLA paperwork to fill out. My question is do I have to fill out FMLA paperwork if I'm not requesting a leave from work? I'm requesting a modification in duties. Secondly, if they refuse am I permitted to utilize my STD and would that run concurrent with FMLA? Thanks!

  • #2
    Most of the time, pregnancy is not considered a disability under the ADA and therefore, the employer is not required to provide modified duties. If you are unable to perform the duties you were hired to do, they can require that you utilize FMLA. If you are able to work at your regular duties, but not full time, that can be intermittant FMLA until you go out full time.

    It will be up to your STD carrier whether or not you qualify to receive STD benefits. That is not determined by law, but by the terms of the STD policy. STD benefits are not leave - they are how you get paid while you are on leave. Yes, they would run concurrently with 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.


    • #3
      Agree. If your employer believes you are going to need to be off work full time or part-time due to your pregnancy, they can request that you complete FMLA paper work.

      They may not be able to accommodate your request for "modified" duties & probably wouldn't have to provide an accommodation for "modified" duties under the ADA for your pregnancy.

      STD is paid as per the policy provisions & would run concurrent with FMLA.
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