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Pregnancy: Run disability leave concurrent with FMLA?

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in Discrimination and Harassment,FMLA Guidelines,Human Resources,Maternity Leave Laws

Q. We provide short-term disability leave to new mothers. Is there any reason we can’t run that leave concurrent with FMLA leave? —S.B., Washington

A. We presume the short-term disability leave referenced in your question is not required by law, but is offered voluntarily by your company. In that instance, you are permitted to have the employee use short-term disability leave concurrently with FMLA leave.

We're also presuming that you offer short-term disability leave for other nonpregnancy-related conditions (to avoid potential sex discrimination claims).

Employers should note that some states have separate leave laws for pregnant employees or new mothers. In those states, check the state law to determine whether you can run that leave concurrently with FMLA leave.

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