Reply to Help me... Husband thinks I only need less than a week of leave

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Reply to "Help me... Husband thinks I only need less than a week of leave"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Are you not eligible for disability? You should be able to get six weeks of unpaid disability.[/quote]
?? OP does not qualify for federal FMLA. There may be a state analogue she qualifies for, but most laws I’m familiar with require a year on the job to qualify. There is no “unpaid disability” that covers everyone other than FMLA. [/quote]Yes, there is. It’s called the ADA. Pregnancy is covered and a leave of absence is considered a reasonable accommodation. She would only be covered for the period of time to medically recover.[/quote]

I'm pretty confident this is not true, and my googling seems to be backing me up. Unless something goes wrong, pregnancy is not generally covered by the ADA:

https://www.nolo.com/legal-encyclopedia/your-right-accommodation-during-pregnancy.html[/quote]
PP here - and I literally cannot find any mention of using the ADA to get time off AFTER giving birth. I'm confident this is not a thing.

It's very possible that, legally, she can be fired for not showing up at work the day after she delivers, unless her state offers some protections. [/quote]
First google hit for me. Read the entire page: http://www.eeoc.gov/laws/guidance/fact-sheet-small-businesses-pregnancy-discrimination[/quote]

I’m the PP, I’ve read this whole page. I’m still not seeing anything about getting leave after birth beyond FMLA. What section are you referring to?[/quote]
Look under the header for the ADA. It says that certain accommodations may be granted for pregnancy related conditions. A leave of absence is listed. Childbirth is a pregnancy related condition. Doctors certify women that they are medically disabled for 6 or 8 weeks after giving birth. Generally that cert is used for short term disability policies but it can also be used when requesting an ADA leave of absence.

If you want further information, the EEOC is extremely helpful in providing advice for employers on how to accommodate ADA requests. So is JAN. If you’re in DC, DOES also is very helpful to work with. Or your outside council can easily guide you.[/quote]

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