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I am currently on FMLA for a knee injury but am currently working. This expires in July and I have at least 10 weeks left on it. I'm also pregnant and due in a few weeks (April). I understand that for the pregnancy/delivery I get 6-8 weeks of ST disability. My orth. doctor wants me to get the reconstructive surgery 4-6 weeks after the baby is born (enough time to re-coop from that). I would be out of work at least 4 weeks for this surgery. So how would this affect my ST disability for the pregnancy and my knee surgery? Is there a chance that I could be fired under these circumstances or is my job protected under the FMLA that is already in affect?

2007-03-08 06:25:08 · 5 answers · asked by one_hellofawoman 1 in Pregnancy & Parenting Pregnancy

5 answers

The two should be completely separate and shouldn't affect each other. You may not be paid for all of it, though. FMLA does not guarentee a paycheck (STD does) only that you cannot be fired. I would not be taking FMLA if you are able to work.

2007-03-08 06:30:22 · answer #1 · answered by leaptad 6 · 0 0

FMLA is something it is thoroughly diverse and cut loose short term incapacity go away AND from maternity go away. a agency that employs a minimum of 50 human beings in a 300 and sixty 5 days could abide by using the FMLA. FMLA not basically covers maternity in case your agency does not have maternity go away, however the rest, like a toddler or ensure growing to be to be unwell. they can't penalize you for taking as much as twelve weeks a 300 and sixty 5 days of FMLA, regardless of any maternity go away or short term incapacity go away you're growing to be to be already taken. a minimum of, it somewhat is how I understood the regulation as quickly as I studied for the corporation and regulation contractor license. talk with an lawyer approximately your subject. attempt to discover one that does loose consultations. good success!

2016-10-17 21:29:29 · answer #2 · answered by ? 4 · 0 0

no they can not fire you! im not sure how it would effect you disability you will still be out on maternity leave when you have the surgery what i would suggest is that when you have the surgery scheduled you may want to refile the fmla paperwork again. but i would also check with your comp controller and or human resources for specific info on it. GOOD LUCK WITH ALL- the precious baby and your poor knee dont over do it!

2007-03-08 06:33:42 · answer #3 · answered by jessica s 3 · 0 0

If you'll be out consistently for an extended period, you'll need long term disability. STD is only good for about (common brain, remember back....) um, I believe it was 6-8 weeks for me. I also had purchased long term disability which kicked in after missing my 12th week, I think. Pregnancy brain, excuse me, lol. I'd talk it over with HR and figure out your best option. Purchasing the STD and LTD was the best decision I ever made. Best of luck to you!

2007-03-08 06:41:59 · answer #4 · answered by duckygrl21 5 · 0 0

FMLA gives you up to 12 weeks of unpaid leave while holding your job (or similar job with same pay).

I think that you'll really have to talk your situation over with your HR department since things will be overlapping.

2007-03-08 06:29:50 · answer #5 · answered by Heather Y 7 · 0 0

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