Did you go out of work earlier than your due date?

Scott and Stephanie · November 2011

Hi ladies,

I'm venturing over from the Jan. 2012 board because I was hoping some of you might have some great insight for the questions I have since it's regarding NYS disability.

I am almost 31 weeks pregnant but have had some complications that's starting to look like my doctor may pull me early from work. What I'm confused about is the maternity coverage and disability.

If I am considered 'disabled' by the doctor now and I receive disability payments for the next 9 weeks until I deliver, will I still be able to receive my 6 or 8 weeks postpartum disability pay from NYS?

Or will those prior 9 weeks be taken as the 6 or 8 weeks disability I'm entitled to and I won't get anything after she's born?

I hope that makes sense. We don't have a designated HR person where I work that has the answers to this so I wasn't sure where to turn for some answers.

Thanks so much!

missyjg · November 2011

Hi! I've got this workers compesation tool at work. This is what it says about NYS workers compensation/disability in regards to pregnancy. Appears that yes, you can get up to 26 weeks with the proper documentation from your doctor. I left early from work (32 weeks) but had to use up all of my sick and vacation time before disability kicked in.

Q. Can a claimant collect Disability Benefits for disability caused by pregnancy?

A. Yes. If she is disabled because of pregnancy, she may be entitled to up to 26 weeks of benefits. Disability can occur at any time during pregnancy.

Q. What determines disability due to pregnancy?

A. Disability can only be determined and certified by a physician or certified nurse midwife through the submission of medical reports. If a claimant becomes disabled more than four to six weeks prior to the anticipated birth date, or is disabled more than four to six weeks after the actual birth date, more detailed information regarding the disability may be required. The medical reports should describe specific symptoms, rather than just general prognosis. Note: An elective sterilization procedure will not extend the payable period of disability, since benefits are not payable for any period an individual is unable to work due to elective surgery.

Q. Can an employee collect disability benefits if on maternity leave?

A. Yes. If she is on a leave of absence without pay (i.e. maternity leave), and becomes disabled within four weeks of the last day she actually worked, she is entitled to benefits from the employer/carrier (if otherwise eligible). If the disability begins more than four weeks from the last day actually worked and she is claiming/receiving Unemployment Benefits, she is entitled to disability benefits from the Special Fund for Disability Benefits (if otherwise eligible).

wendyj · November 2011

Not sure of the particulars, but if you are put on bedrest now, you should be covered under disability until your dr clears you to return to work (usually 6 for vag, 8 for c/s). How much additional time you have for maternity leave may be up to your employer, but you should have up to 12 weeks under FMLA (whether those weeks are paid or not is up to your employer. When I was put on bedrest at 35 weeks, I was considered on medical leave until I delivered, then on maternity leave. If anything, I would check with your payroll department - I'm sure there's someone there who takes care of such things.

Good luck! Hope everything goes smoothly and LO gets here safe and sound!

Scott and Stephanie · November 2011

Thanks so much! I really appreciate your help!

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