What disabilities related to pregnancy are eligible for benefits?

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Question:

What disabilities related to pregnancy are eligible for benefits?

Answer:

Rhode Island requires employers to provide partial wage replacement insurance for employees with temporary disabilities. Under the law, temporary disability also includes pregnancy-related conditions. Therefore, a pregnant worker is treated just as any other working requesting disability.

Rhode Island Eligibility

To be eligible for benefits, A Rhode Island worker must meet the following criteria:

  • must have been paid at least $8,880 in either their Base Period or an Alternate Base Period
  • If a worker did not earn this amount, they may be eligible if they meet all of the following conditions:
    • earned at least $1,480 in one of the base period quarters,
    • the total base period taxable wages are at least one and one-half times their highest quarter of earnings,
    • The base period taxable wages equal at least $2,960.

A worker is medically eligible when:

  • A Qualified Healthcare Provider (QHP) certifies that the worker is unable to work.
  • For eligibility to begin the first week of disability, the worker must be examined that week, the week before, or the week after the disability began. He or she may be asked to make an appointment with an independent medical examiner before and even after benefits start. The claimant must submit to this exam upon request or benefits will be denied or stopped.

Pregnancy

Any pregnancy-related condition that causes disability is eligible for benefits. In addition to Rhode Island's disability laws, a pregnant employee has additional protection under the federal Pregnancy Discrimination Act.

In Rhode Island, a woman may take disability leave just as any other employee. If she is on maternity leave and becomes disabled within four weeks of going on maternity leave, she can file for disability benefits under Rhode Island's law. To receive disability, a healthcare provide must verify that the employee cannot work for at least seven consecutive days.

If you are pregnant seeking disability benefits in Rhode Island, talk with a disability attorney regarding Rhode Island's short-term disability for pregnancy.

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