Legal Question in Workers Comp in Pennsylvania

Disability during materinty leave

I gave birth to my daughter in April. Before my leave started, I looked into the FMLA and there was nothing said about workers comp and disability pay. I know a lot of businesses pay 6 weeks of materinity leave. When I asked my employer about our policy, we didn't have one (we are a small company, when I first looked into it we had 4 employees we now have 7) I'm the youngest and only one who will be having children. Well I was told we do not have disability. Don't businesses have to carry disability (workers comp). I would like to know what I was entitled to by law.


Asked on 10/13/03, 12:06 pm

2 Answers from Attorneys
Scott Diamond DIAMONDLAWYER

Re: Disability during materinty leave

Workers COmp. is inteded ot cover employees who are injured during the course of emplyment. Obviiusly this does not apply to you. Employers are not obligate to have temporary diabbility for non work related injuries. If you live in NJ, you may be entitled to nj state disability.

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Answered on 10/13/03, 12:10 pm
Andrew Solomon Law Office of Andrew A. Solomon

Re: Disability during materinty leave

Pregnancy is not a workers comp. "injury". In order to get workers comp benefits, you must have been injured on the job. There is no requirement that an employer, with only 7 employees, provide any type of disability coverage for pregnancy. Sorry.

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Answered on 10/13/03, 12:10 pm


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