Legal Question in Employment Law in Louisiana
Short term disability question
The company I work for just recently took away our sick pay, saying that short term disability would take it's place. I am due to have a baby this next month but was disabled early due to contractions and the threat of premature labor. I have had two previous c-sections and during the last one the doctor told me that had I gone into hard labor that I would have probably ruptured my uterus and bled to death so going into labor is out of the question. The doctor had sent a written letter before disabling me saying that I was not to work more than eight hours a day with proper breaks and consistent lunches which the company would not follow. The job I do requires standing for long periods of time. The day before he disabled me they had me working under a counter running cables for a credit card system at eight months pregnant, knowing of the complications that I was having. Now they are refusing to pay me short term disability because they do not feel that I should be out of work though we were told that when the sick pay was removed that short term disability would automatically take it's place. I had 75 hrs that they took from me. Can they refuse to pay me the sick pay or the short term disability and what should I do?
1 Answer from Attorneys
Re: Short term disability question
The answers to your questions depend on several facts that I don't know. I would have to review your company's sick leave policy as it was prior to them terminating it. As for short term disability, your qualification for that depends on the language of the policy as well. You may also be entitled to leave under the FMLA, but that leave is unpaid.
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