Short Term Disability vs FMLA

A person is pregnant and the baby is due in November however her doctor has required her to take leave 12 weeks prior to her due date because of problems she still wants to take time off after the baby is born. She has been told by her employer that if she takes more than 12 weeks off she will be fired. Is this legal?

1 answer  |  asked Sep 20, 2002 3:00 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
It's Up to 12 Weeks


The Family Medical Leave Act protects your job during a period of 12 weeks leave taken because of pregnancy, birth, or your illness or an illness of a close family member. An employer may count other paid leave, such as paid sick leave and short-term disability, toward the 12 weeks of FMLA leave, on notice to the employee.

Remember, in New York State, the generaly rule is that you can be fired at any time, for any reason, or no reason at all. FMLA creates a narrow exception to that general rule. So, once you lose or use your protection under FMLA, you can go at any time.

posted by David M. Lira  |  Sep 24, 2002 08:26 AM [EST]

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