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ItalianPrincess1217's avatar

What is the process of going out of work on disability?

Asked by ItalianPrincess1217 (10156 points ) April 24th, 2011 from iPhone

In the event that my doctor decides to take me out of work due to issues in the pregnancy, how do I go about informing my employer? Is there paperwork my doctor will give me? How long will I get paid for? Does my work have to keep my job while I’m out?

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8 Answers

knitfroggy's avatar

When I had to take a leave of absence at work I had to get papers from my HR lady to have the doctor fill out. I got paid for as much vacation and sick time I had. Where I work there is a specific amount of time they have to hold your job. After so long, I think 3 months, they can give your job away, and when you come back you get a job that is the same pay but not necessarily the same position you had.

ItalianPrincess1217's avatar

@knitfroggy Why would you only get paid for your vacation and sick time? Disability is through the state. They pay your disability. Am I right?

knitfroggy's avatar

All I know you could do would be to apply for state assistance. I don’t know how pregnancy figures in on disability since it’s a temporary thing. I thought you were asking about leave time from work. Sorry, I misunderstood.

optimisticpessimist's avatar

This federal—“The Family and Medical Leave Act (FMLA) is a federal law designed to help workers balance job and family responsibilities by giving employees up to 12 weeks of unpaid leave per year for specific reasons, including a serious health condition or to care for an immediate family member who has a serious health condition. During FMLA leave, employers must continue employee health insurance benefits and, upon completion of the leave, restore employees to the same or equivalent positions.

* Covered employers: The FMLA applies to private employers with 50 or more employees working within 75 miles of the employee’s worksite. Employers with fewer than 50 employees can also choose to provide benefits similar to those required by the FMLA, and many find it beneficial to do so. The FMLA also applies to all public agencies and private and public elementary and secondary schools, regardless of the number of employees.

* Covered individuals: Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the 12 months immediately prior to the leave, if there are at least 50 employees working within 75 miles of the employee’s worksite.

* Medical and disability-related leave rules: Eligible employees can take up to 12 weeks of leave for treatment of or recovery from serious health conditions. The FMLA’s definition of a serious health condition is broader than the definition of a disability, encompassing pregnancy and many illnesses, injuries, impairments, or physical or mental conditions that require multiple treatments and intermittent absences. Generally, things like cosmetic surgery, colds, headaches, and routine medical and dental care are not included. FMLA leave is unpaid, but employers may require employees to concurrently take paid leave, such as accrued vacation or sick leave, or employees may elect to do so.

* Additional information: DOL’s Wage and Hour Division enforces the FMLA and has online compliance assistance resources for employers. In addition, DOL has an interactive FMLA Advisor for employers and employees.” from here.

Your state may also have regulations in addition to the federal regulations.

Here is a list of links for state specific information.

optimisticpessimist's avatar

Doing some more research, it looks as if you need to request FMLA through your employer. They may have a specific form to fill out. If you have an HR office or at least HR support through the phone, you can call and ask for the form and if you need to include a doctor’s note with the form. If you read the above post, not all employers are required to provide FMLA, nor are all employees eligible.

Seaofclouds's avatar

As @optimisticpessimist pointed out, you need to get the FMLA paper work from your employer. You then take it to your doctor and they fill it out. Your employer would only pay you what time you have for vacation/sick time and then maternity leave (if they do any maternity leave pay). Once the 12 weeks for FMLA is up, the employer no longer has to keep a job for you. If you return within the 12 weeks, they have to have a job for you, but not necessarily the same one you have currently.

For state disability, you would need to contact the state and find out what paperwork you need with them. They may have specific forms for your doctor to fill out. Once your doctor fills out those forms, you would state them to the state disability office and they would process the claim. I’m not sure how your state handles disability for pregnancy. You would need to look up the information. Your employer may have this information as well, so when you get the FMLA paperwork from them, ask them about it.

Pied_Pfeffer's avatar

Here is some information on New York’s state-funded program, which, if I recall correctly, is where you live.

New York State disability benefits insurance provides temporary cash benefits paid to an eligible wage earner when he/she is disabled by an OFF THE JOB illness or injury, and for disabilities arising from pregnancies. Employers with one or more employees are subject to the provisions of the New York State Disability Benefits Law.

The Disability Benefits Law provides weekly cash benefits to replace, in part, wages lost due to illness or injury that do not arise out of or in the course of employment. Disability benefits include cash payments only. Medical care is the responsibility of the claimant. Medical care is not paid for by the employer or insurance carrier. Source

There is an 800# listed on the site, and it might help if you called it. They can guide you based upon your current work situation.

BarnacleBill's avatar

Our short term disability pays 60% of your salary for up to 6 months. You need to check with your HR office.

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