Legal Question in Medical Leave in Georgia

Re: Short-term disability/Long-term disability and Maternity Leave

As to short term disability, the answers to all three questions depend on the language of the disability policy. As a general matter, I do not know of many short term disability policies that grant leave to the father. Likewise, I do not know but would doubt if you would be required to pay back any short term disability benefits if your wife went back to work. Finally, I would guess that it would be difficult to start disability 60 days before birth for a normal pregnancy. Since you posted the question under Family and Medical Leave Act, I presume you are also inquiring about rights under that act. Generally, the act applies to employers who have over 50 employees within a 75 mile radius of where the person wishing to take leave works. Covered employees are those who have worked for the company for over a year and over 1250 hours. Under the act, a covered employee is entitled to up to twelve weeks' UNPAID leave after the birth of a child or because of a serious health condition. (Although the act provides for unpaid leave, some companies offer paid leave.) The leave after the birth of a child applies both to the mother and father. The company would also have to continue to pay benefits for the employee to the same extent as it would if the employee were not on leave, BUT the employee may be required to pay back benefits such as health insurance premiums if the employee does not return to work after the leave. Under the act, leave cannot be taken before a qualifying event occurrs. In other words, in a normal, healthy pregnancy, your wife could not take leave 60 days before the due date under the act. She would have to have some other condition warranting leave. If you have questions, check with the human resources people at your company, call the Georgia Department of Labor (about the act) or an attorney.

The foregoing is general information only, not specific legal advice. No attorney/client relaitonship has been created or should be implied. Check with an attorney of your choosing before taking legal action.