Legal Question in Employment Law in Florida

Short Term Disability / FMLA for pregnancy

I am in my 7th month of pregnancy and have been ordered on bedrest for the remainder of the pregnancy (8 to 12 more weeks). My company offers short term disability up to 26 weeks as well as FMLA. However, the HR department told me that the FMLA leave begins as soon as I start on disability, meaning that I will have to return to work 4 - 6 weeks after the baby is born instead of starting my leave when she is born and taking 12 weeks with her as I had originally intended. Our headquarters are in Florida (where I work) but we also have a California office where women who work there are allowed up to 4 months + 3 months of pregnancy leave because of California law. Is there any way that I can separate the Short Term Disability Time on bedrest from the time that I need after the baby is born so I can use all 12 weeks of FMLA for caring for the baby?


Asked on 7/15/04, 1:37 am

1 Answer from Attorneys
Bonita Riggens Law Office of Bonita M. Riggens

Re: Short Term Disability / FMLA for pregnancy

Probably not. Your employer has the right to designate your time off on bedrest as FMLA time. Also, short term disability only provides you with income replacement, it does not guarantee you time off. Under the FMLA, you are only entitled to 12 weeks off. Unfortunately, Florida law does not provide any other protections as California does. You can call the Dept. of Labor in Tampa or go to the Dept. of Labor website at www.dol.gov for more info on the FMLA

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Answered on 7/15/04, 2:12 am


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