The Family Medical Leave Act (FMLA) has had an impact on how pregnancy leaves are handled by the workforce. While the act has established leave requirements, it did not address the ability of a worker to collect short term or long term disability payments while on maternity leave.
The scope of disability policies
Disability World quotes a 2000 study that shows that 29% of short term and 12% of long term disability claims result from pregnancy. Group disability plans at work nearly always offer specific maternity disability claims. However, there are some disability plans (non-group) that may consider pregnancy a pre-existing condition, largely dependent on the language of the policy.
Protecting disability insurance rights
Women who are covered under long and short term group disability policies should review the policies prior to getting pregnant (if possible). Some policies are very specific in what they will and will not cover. Most short term group disability policies will cover maternity leave for a period that begins slightly before birth and ends six weeks after birth. In many cases, exceptions are made for c-sections and other birth related complications. Understanding what is covered prior to maternity leave is essential to helping protect income during the recovery period after birth.
The impact of FMLA on disability insurance
The FMLA states only that leave must be granted for specific periods of time. The leave may be unpaid for up to 12 weeks. This must be adhered to all employers who have more than 50 employees. The leave is granted for adoption, caring for themselves as a result of an illness, caring for a family member, as well as childbirth. Providing disability insurance for pregnancy does not enter into the FMLA.
Maternity leave and disability insurance
Mothers who take maternity leave and collect disability insurance should also be aware that the income received from their insurance is considered taxable income. In general, short term disability insurance covers slightly more than 50% of income while long term disability covers up to 80%. Claims for group disability insurance coverage are generally handled through the employer.
Ensuring disability coverage for pregnancy
For those who are employed full time and are eligible for disability insurance under a group plan, finding out the terms of that plan prior to taking maternity leave is critical. Some plans may exclude pregnancy for a specific period of time after hiring, others may exclude more than basic maternity leave and others may offer extended coverage in the event that there are complications during and after pregnancy. Contacting a plan administrator is critical to determining whether or not disability insurance coverage will be available for maternity leave.
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