Does short-term disability pay for maternity leave?

Short answer: STD pays for the time a mother is medically unable to work after childbirth, not for bonding time. An employer with 15 or more employees must treat pregnancy the same as other disabilities in its benefit programs.

Under the Pregnancy Discrimination Act, part of Title VII at 42 U.S.C. 2000e(k), women affected by pregnancy, childbirth or related medical conditions must be treated the same for all employment purposes, including fringe benefit programs, as others similar in their ability or inability to work. Title VII applies to employers with 15 or more employees for each working day in 20 or more calendar weeks (2000e(b)). A covered employer’s STD plan cannot exclude normal pregnancy if it covers other non-work disabilities.

STD pays only for the period of disability the policy recognizes, often a set number of weeks for a vaginal or cesarean delivery unless a doctor certifies longer. Time to care for the baby after that is not a disability. Texas has no state paid family leave program, so that time is unpaid unless the employer offers paid parental leave.

A pre-existing condition limitation, or a waiting period for late enrollees, can keep a pregnancy that began before coverage from being covered. Read the STD certificate before an employee relies on it.

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