STD-maternity leave

Dmurphy · September 2003

STD is a new benefit for my company. We are self-funded. The policy states that the company "will treat physical disabilities resulting from pregnancy or childbirth in the same manner as any other short-term disability". We have been interpreting this that pregnancy and childbirth are not disabilities in and of themselves, and have not paid STD benefits to employees who have had a child (normal pregnancy & childbirth) since the policy was implemented. We are now being questioned by employees (who think they should be paid since so many other companies do pay STD for childbirth), and by other HR professionals (who disagree with our interpretation and say that if we have an STD policy, then legally we have to pay). We are in Massachusetts. The policy was reviewed by an attorney.

Can we continue to not pay, or are my fellow HR professionsals doing me a favor by bringing this to my attention?

marc · September 2003

It is considered part of our policy in Nevada. It is handled by the underwriter as a specifically identified item being covered. I think you have to pay.

hrinmi · September 2003

I have to agree. Childbirth is payable under STD in our self funded plan.
6 weeks for a vaginal birth, 8 weeks for a c-section. The FMLA time runs along side STD. So when their 6 weeks of STD is up, they only have 6 weeks of FMLA time left.

LindaS · September 2003

We are self funded as well and pay for maternity leave. The physician will state that the employee is, in fact, disabled after having the child and will remain so for approx. 6-8 weeks. The fact that you are NOT paying for maternity leave indicates that you are treating it differently than another physicial disability. You should be paying. As fas as the length of time, that is something that should be determined by the physician. My understanding is that since pregnancy cannot be treated any differently than any other disability, you cannot have specific timeframes for payment of STD benefits. It depends on the certification from the treating physician. Typically it is 6 weeks for a vaginal birth and 8 weeks for a c-section but the physician can change that if necessary.

Pearce · September 2003

As I interpret the current wording of your policy you are saying that you will cover the period of time the person is disabled due to the pregnancy. Physicians consider the person disabled for a period of from 6-8 weeks after the delivery, depending upon the type of delivery. I believe if you went back to the attorney that reviewed the policy he would say that the policy is written correctly but that you have been interpreting it incorrectly.

mushroomHR · September 2003

I agree that you are probably interpreting your policy incorrectly. Our self-insured plan covers disability from childbirth (6--8 weeks usually) just as it would cover any other disability. If the doctor certifies a woman as being disabled due to childbirth it's the same as being disabled due to any other condition. A disability is a disability. That's what our insurance company told us.

njmhr1109 · September 2003

We just went through a similar experience. We too are self-funded and are in Massachusetts. MA state law is, you must allow 8-weeks maternity leave, paid or un-paid. We have always paid the 8-wks after completion of one year of service.
The confusion arises when your disability policy says it includes pregnancy. We were told by our attorney that we needed a maternity policy along side our STD policy.
It states: The maternity leave policy does not cover absences due to pregnancy related complications. If prior to an employee's anticipated date of departure for the purpose of giving birth, an employee's doctor advises her to take leave from work due to a pregnancy related complication, then in many instances, the employee will be treated as disabled (not able toperform daily functions of their job) and the absence will fall under the STD Plan. Of course, this all runs concurrent with the FMLA.
Hope this helps.
njm

Susan Fentin MA · September 2003

Your HR professional friends are indeed doing you a favor. If the employee is disabled because of childbirth or pregnancy, she would be entitled to STD benefits, just as she would be entitled to those benefits if she were disabled from any other physical condition. The STD income is considered separate and apart from her need or eligibility for an MMLA leave of absence, which allows her to take 8 weeks of unpaid, job protected leave for the purpose of giving birth or adopting and to be used at the time of birth and not significantly before or afterwards. During her MMLA leave, she would be eligible for STD benefits if she meets the criteria under your policy language. In addition, if you are covered by FMLA, you will have to grant her leave for any serious health condition that occurs before her delivery, and she may be eligible for STD income for that leave as well. Remember that the employee is entitled to her entire MMLA leave even if she has exhausted all her FMLA leave. If you have any other questions, feel free to contact me.

Susan Fentin
Associate Editor
Massachusetts Employment Law Letter
[email]sfentin@skoler-abbott.com[/email]

STD-maternity leave

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