Disability Benefits While on Maternity Leave

Unfortunately, there is no uniform program that provides financial assistance to women who go on maternity leave.  The Social Security Administration (SSA)’s benefit programs only provide disability benefits to people who are permanently disabled and unable to work.  Therefore, women must resort to a patchwork of state and employer-based disability benefits while on maternity leave, and some women will not be entitled to disability benefits at all.

Getting Disability Benefits While on Maternity Leave

A few states, namely, California, New Jersey, Rhode Island, New York, Hawaii, as well as Puerto Rico, do provide short-term disability benefits for women on maternity leave.  Other than these state programs, any disability benefits available for women on maternity leave are purely employer-based.  Women covered by the railroad industry benefits programs may be entitled to short-term disability benefits.  Plus, various public and larger private sector employers offer access to disability plans for employees, many of which may provide short-term disability benefits for pregnancy, birth, and maternity leave-related absences.  If you are lucky enough to have access to both state and employer-based short-term disability programs, you will need to familiarize yourself with any rules or laws that limit or otherwise alter your coverage by both programs. 

If short-term disability benefits are not available to you through either state or employer-sponsored programs, you may have to utilize other benefits available through your employer, such as sick days, personal days, vacation days, and other types of paid leave to which you may be entitled.  These types of leave generally can be used for pregnancy, birth, and maternity leave purposes.  Keep in mind, however, that your employer may place restrictions on the order in which the different types of leave can be taken, as well as the purposes for which they can be used. 

Filing a Disability Claim

If you are filing a claim for short-term disability benefits through your state, you will want to contact the appropriate state agency for assistance in doing so.  Typically, whichever state agency administers the program can provide you with some assistance in filing your claim for benefits.  As you plan for your maternity leave, you should contact the appropriate agency in order to determine the best timing for your short-term disability claim.

Likewise, if you intend to take maternity leave based on a short-term disability plan offered through your employer, you will want to plan your claim for benefits so that you receive your benefits during your anticipated leave time.  You should meet with your human resources or personnel office early in your pregnancy in order to plan the timing and completion of your application for short-term disability benefits, as well as clarify any employer policies regarding the use of accrued leave time for the purposes of pregnancy, childbirth, and maternity leave.

Legal Help

If you believe that you are entitled to short-term disability benefits or other benefits that may affect your maternity leave, and you are experiencing difficult in accessing those benefits, you should consult an attorney for advice.  An attorney who is experienced in labor and employment law will be able to explain your options and eligibility for various short-term disability programs, and help you choose the best option for your situation.