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I paid into private disability through my job, can I also collect temporary disability through the state also?

Vineland, NJ |

When I went back to work full time I signed up for a company that offers temporary disability for 11 weeks. I paid into it weekly since December 2012. I haven't used it yet and come this September I'm going to start trying to conceive. I'm still working full time as of now. When I go out on maternity leave, can I collect both temporary disability through the private company and also through New Jersey since I'm paying into that also? Also how does the family leave act work and can I get paid when using it? I'd like to take time off to take care of the baby when I have him/her. I've been with my employer for 3 years now and since its a nation wide agency they have well over 50 employees. Can they legally deny it to me? If not what would I have to do to fight it if they deny me?

Attorney Answers 3


  1. Assuming you worked enough hours in the 12 months before maternity leave, it looks like your company would be required to give you 12 weeks FMLA. However, you raise far too many issues to sensibly answer in this post because there is a very important piece missing: The terms and conditions of your company's disability insurance. To get answers you rely on, I suggest you secure a copy of the disability police and a complete copy of the employee handbook. Then, invest in a consultation with an experience employment lawyer who can review the documents and give you proper advice. Expect to pay a consultation fee. Unlike personal injury lawyers, most employment lawyers will charge for a review of documents and a full discussion of options available to you. Good luck.

    A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only. Allan E. Richardson, Esq. arichardson@employmentlaw-nj.com Richardson, Galella & Austermuhl 142 Emerson ST., Woodbury, NJ 08096 856-579-7045.


  2. The answer depends first on whether your private disability policy considers pregnancy a "disability" that entitles you to benefits. Generally, in my experience, pregnancy is not considered a disability unless there is a disabling medical condition associated with it such as preeclampsyia. Even if your private disability policy provided benefits, it will most likely be entitled to a "set-off" for any benefits you receive through the state. You will not collect the full amount of both.

    You should notify your employer of the need for FMLA leave as soon as you are aware of your expected due date. Whether you get paid while out on FMLA leave again depends on the benefits your employer offers and whether they run concurrently with FMLA leave. FMLA leave itself is unpaid leave. However, sometimes employers run paid leave and FMLA leave together. If you have been employed over one year and the company has 50 or more employees at your location or within a 75 mile radius, then you should be entitled to FMLA leave. If you are denied leave, you should consult an attorney. (215)493-8287 or scott@fegleylaw.com

    A full legal opinion and firm recommendations can only take place in a formal consultation with an attorney. These are my general thoughts given the limited information presented and for the purposes of this online forum only. No attorney/client relationship exists.


  3. It depends in large part on the policies and whether your medical condition is covered by the policy.

    Until you come in for a consultation, please be advised that you are not considered a client of the firm and no attorney client relationship is established. Thus, this email is not to advise you of any legal rights but merely to advise of a general response to your posting. Also, please note that I am a NJ lawyer and you should ensure that before you take action, you consult with an attorney licensed to practice in the jurisdiction where you reside. This way, you can have the benefit of someone who is familiar with case law and statutes particular to your state as well as someone who can discuss your matter in more full detail as well as review documents.

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