How does pregnancy disability leave differ from FMLA? Is it the same thing or is pregnancy disability under a different legal right?
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Answer: (1)
A: While no federal law requires employers to provide paid maternity leave, most employers must comply with the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). Under the PDA, employers must provide the same coverage for pregnancy-related conditions as they do for illnesses and disabilities. Under the FMLA, certain employers (local, state, and federal agencies, schools, and those in the private sector who employed 50 or more people for 20 or more weeks in the past calendar year) must provide employees who have worked for them for at least 12 months and provided a minimum of 1250 hours of during the 12 months leading up to the leave, with up to 12 weeks of unpaid, job-protected FMLA leave for the birth, adoption or foster care of a child. If you still have questions, ask an attorney who specializes in short term disability laws.
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Posted by Jan Hill on 25 Mar 2010