Short Term Disability and Pregnancy Leave Laws

Short-term disability is a concern for employees in the workplace. It is also important to women of childbearing age, who wish to have children and continue to work. Most states do not have any laws that require private employers to give employees short-term disability for accidents or illness that or non-work related.

Eligible Short Term Disabilities and Laws

Only five states have short term disability laws requiring employers to give employees short term disability. Everyone else can get job protection for short-term disability through the Family Medical Leave Act. (See also Filing for Short-Term Disability for Pregnancy).

States with Short Term Disabilities

The Pregnancy Disability Act

Pregnancy discrimination became illegal through an amendment to the Title VII of the Civil Rights Act of 1964. The civil rights act was amended in 1978. It is known as the Pregnancy Discrimination Act. (PDA)

The PDA prohibits the following actions by an employer:

• Hiring --An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers.
  
• Pregnancy -- An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. If an employee is temporarily unable to perform her job because of her pregnancy, the employer must treat her same as any other temporarily disabled employee. Maternity leave laws should provide the same protections as other disability leave laws.
  
• Maternity Leave -- Pregnant employees must be permitted to work as long as they are able to perform their jobs. Employers must hold open a job for a maternity disability the same length of time jobs are held open for employees on sick or disability leave.
  
• Health Insurance -- Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. An employer need not provide health insurance for expenses arising from abortion, except where the life of the mother is endangered.
  
• Fringe Benefits -- Pregnancy-related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy-related conditions if benefits are provided for other medical conditions. Employees on leave because of pregnancy-related conditions must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.
  
• The PDA applies to employers with 15 or more employees. It includes local, state, and federal governments. Title VII also includes employment agencies and labor organizations. The law is enforced by the EEOC, which has field, local, and district offices.

The Family Medical Leave Act (FMLA)

• The FMLA leave is unpaid leave. Under the regulations,
• a mother can use 12 weeks of FMLA leave for the birth of a child,
• for prenatal care and incapacity related to pregnancy,
• Her own serious health condition following the birth of a child
• A father can use FMLA leave for the birth of a child and to care for his spouse who is incapacitated (due to pregnancy or childbirth).
• The FMLA can be used for other short-term medical issues other than pregnancy, such as caring for a family member.
• The 12 weeks of leave do not have to be taken in one block, but can be broken up for use for different medical issues.
• The FMLA applies to employers that employ 50 or more people and is enforced by the Wage and Hour Division of the Department of Labor.

Filing a Claim for a Short Term Disability

Under the FMLA

• An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
• FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement that provides greater family or medical leave rights.

EEOC Discrimination Claim

Any employee that believes they have been discriminated against can file a claim with the EEOC. The claim can be filed in your nearest EEOC or Human Relations Commission office. The information needed to file a claim is as follows:

• The complaining party's name, address, and telephone number;
• The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;
• A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and
• The date(s) of the alleged violation(s)

Help from a Disability Employment Attorney

You do not need a lawyer to file an initial claim under the PDA or FMLA; however, it would be wise to consult with an experienced disability employment attorney early if you feel you have been discriminated against, or that your rights under the FMLA have been violated. There are important timelines and specific requirements that must be met to file a discrimination claim or to take leave under the FMLA. An experienced disability employment attorney can explain your rights to you and help you protect them.