Legal Question in Disability Law in Massachusetts

Is STD required to be offered under MA law?

I'm a pregnant woman who just found out the company I work for does not offer STD to it's employees. I thought MA law required employers to carry Disability benefits and I was hoping under FMLA I could use this to have some income during my leave. Now my employer is telling me I am going to have to take it with out any pay - is this right?


Asked on 9/15/03, 11:53 am

2 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Is STD required to be offered under MA law?

Pregnancy is not a disability unless you suffer complications that prevent you from working. Pregnancy leave is required but does not have to pay you, they do have to hold your job or a similar job on your return. You can use your sick days and vacation days when you start pregnancy leave, after that you are not paid unless the company has a program that provides for paid leave. In order to obtain pregnancy leave you have to notify your employer. Your time out on pregnancy leave is part of the 12 weeks to which you may be entitled under the FMLA.

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Answered on 9/16/03, 12:18 pm
Evan Fray-Witzer Law Office of Evan Fray-Witzer

Re: Is STD required to be offered under MA law?

There is no requirement that a company offer STD benefits (or LTD benefits for that matter). In addition, many STD policies exempt coverage for a "normal" pregnancy, i.e., one in which the woman is not put on bedrest or has some other complicating factor.

Evan

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Answered on 9/15/03, 12:15 pm


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