Legal Question in Employment Law in Pennsylvania

Maternity leave vs. short-term disability

It is my understanding that maternity leave must be treated by employers as the same as short-term disability--i.e., if employers offer short-term disability insurance they must cover maternity under that same provision.

My employer does offer an excellent short-term disability plan, but does not mention maternity leave or any special certifications necessary in association with their STD policy. The STD plan says you are entitled to ''up to 180 days'' of STD leave, so my assumption (since the employee manual doesn't say otherwise) is that this applies for maternity leave as well--i.e., I could take up to 180 days of maternity leave. However, another employee who just returned from maternity leave told me that the company only offers the standard 6 weeks for maternity leave, and that they have certain conditions for which the normal STD does not apply. Is this legal in PA?


Asked on 11/28/00, 12:29 pm

1 Answer from Attorneys
Thomas Martin Law Office of Thomas Martin

Re: Maternity leave vs. short-term disability

You are correct that a short term disability policy cannot treat pregnancy different then other disabilities. That does not mean however that you are automatically entitled to 180 days of paid leave. The key is that you will only be entitled to disability payments while you are actually disabled from working. In most cases of pregnancy related disabiltiy this will not extend beyond six weeks. In any event you are entitled under the Family Medical Leave Act to take up to 12 weeks leave. Your employer is not obligated to pay you under that Act, however.

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Answered on 11/30/00, 9:22 am


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