Legal Question in Medical Leave in Pennsylvania

flma short term disability

My son and his wife recently had a baby. He was six weeks premature. He is doing well at home on a peditric monitor. He has put in for a fmla, and has been approved. His wife is ill with poat partum depression and receiving treatment. He has paid into voluntary short term disability thru his employer. Can he file for short term disabily payments, until he returns to work.


Asked on 9/06/07, 11:44 pm

2 Answers from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: flma short term disability

You asked about short term disability.

Yes, given the situation you describe the employee should apply for short term disability. But that will depend specifically on the language of the coverage contract. His coverage may not include the disability required by another's illness.

If coverage is denied then he should speak with an attorney to review the coverage and his options.

Regards,

Roger

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Answered on 9/07/07, 9:57 am
James R. Becker, Jr. Becker Law Firm

Re: flma short term disability

The answer depends on the language of the short-term disability plan; particularly the language dealing with what is considered a disability. Since it is an insurance plan, if it covers these sorts of issues, then he is covered.

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Answered on 9/07/07, 9:57 am


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