Maternity Leave

We have an internal short-term disability program that dovetails with FMLA. I have an employee who is eligible for 15 weeks of internal short-term disability. Therefore, she thinks she deserves this. She indicated her physician is going to write on the FMLA Physician's Statement that she should be on FMLA 15 weeks. Of course FMLA is 12 weeks. At this time there are no medical complications for mother or unborn child. I need advice on handling this and writing a response to her. She is a valued long-term management employee.


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  • [font size="1" color="#FF0000"]LAST EDITED ON 10-28-03 AT 10:29AM (CST)[/font][p]Be warned-Under NJ Family leave act she is entitled to a leave over and above the Federal Family leave act to care for a new born. She'll probably end up with the 15 weeks between the two....However, you might want to discuss with the ee the consequences of knowingly submitting a false statement.
  • [font size="1" color="#FF0000"]LAST EDITED ON 10-28-03 AT 10:37AM (CST)[/font][p]I had this problem several years ago where the doctor wrote that the new mother would be disabled for 12 weeks and should be paid short-term disability for that time. Knowing this woman had a normal delivery with no complications I had the doctor at the local hospital clinic that we utilize contact this woman's physician. Our doctor stated that just because this woman was entitled to 12 weeks FML didn't mean that she should be disabled that long. The other doctor changed her statement and disabled the woman for only six weeks; however she was entitled to a total of 12 weeks FML with no disability pay. You may want to consider having your representative contact this woman's physician and discuss it with him/her. Just remember that you cannot contact the woman's doctor yourself. In Ohio a new mother is only allowed 12 weeks of FML.
  • Should have been more specific - ee is in Indiana.
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