Short-term disability for pregnancy and childbirth

Does short-term disability cover pregnancy?

At employers with 15 or more employees, a disability plan that comes through your job has to treat disability from pregnancy or childbirth the same as disability from any other medical condition. The plan's own terms decide what it pays and for how long.

That rule is part of the Pregnancy Discrimination Act, which amended Title VII. Under 29 CFR 1604.10(b), "Disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions, for all job-related purposes, shall be treated the same as disabilities caused or contributed to by other medical conditions, under any health or disability insurance or sick leave plan available in connection with employment."

Short-term disability is not a law at all. It is an insurance benefit, from an employer's plan (insured or self-funded) or, in a few states, a state program, and it is not part of the FMLA (Family and Medical Leave Act).

Your plan's terms are in its summary description and the claim packet. If you do not have the summary description, the plan administrator must furnish it on written request.

A few states run their own program, with terms set by the state; short-term disability in New York covers one of them.

When does pregnancy count as a disability?

Your plan's definition of disability decides. A public maternity FAQ that The Standard wrote for one employer's group plan gives this definition: "You are considered disabled when, as a result of your pregnancy, you are unable to perform with reasonable continuity the material duties of your own occupation." The FAQ itself says, "Please refer to the Group Policy for the exact Definition of Disability."

Under a definition like that one, the time you cannot work can start before the birth as well as after it. The FMLA's own rule shows the same split for leave, not for disability pay: "An expectant mother may take FMLA leave before the birth of the child for prenatal care or if her condition makes her unable to work."

On Unum's and The Standard's claim forms, the provider's part has its own pregnancy section, which asks for the expected and actual delivery dates and the type of delivery.

A provider does not put anyone on disability. The insurer or plan decides the claim, on the whole file. If the claim is denied, our guide explains how a denial and an appeal work.

How long does short-term disability last after childbirth?

The plan sets the outer limit, and its maximum benefit period is in the summary description and the claim packet.

Inside that limit, the provider's statement gives the dates. The length is not something a provider picks before the evaluation. It is what the evaluation supports, and the insurer or plan can ask for an updated statement along the way.

A plan can also have its own guideline for recovery after childbirth. The same FAQ gives its rule for recovery that runs longer: "If complications arise following childbirth that will prevent you from recovering during the normal recovery period, your doctor will need to provide The Standard with written documentation of your specific limitations and restrictions."

Does short-term disability cover bonding time?

Time with a new child is not short-term disability, even when it falls inside your maternity leave. The same FAQ's answer to its bonding question begins: "Disability benefits are paid only while you are unable to work at your own occupation."

For eligible employees, the FMLA covers bonding time. Under 29 CFR 825.120(a)(2), "Both parents are entitled to FMLA leave to be with the healthy newborn child (i.e., bonding time) during the 12-month period beginning on the date of birth." The FMLA does not pay you. Our guide to short-term disability and FMLA sets out how they fit together.

How do you apply for short-term disability for pregnancy?

The short-term disability claim is the insurer's or plan's own form, in parts. You complete the employee's statement. Your employer completes the employer's statement.

Your attending or treating provider completes the provider's statement. Our guide covers what the provider's form asks, section by section.

Deadlines are on the claim packet and the insurer's or leave administrator's letter.

FMLA leave, if you are eligible and take it, is a separate track. Each track has its own form, and doing one does not do the other. Where both apply, they run at the same time under 825.207(d).

Who fills out the provider's part?

Which provider types the disability claim accepts is set by the plan. What goes in the statement is the provider's judgment, made after the evaluation.

Certicare is a telehealth service where leave and accommodation paperwork is completed and signed by a state-licensed provider after an evaluation. For a short-term disability claim, that is the provider's statement, and the FMLA certification if your employer asks for one, usually within 24 hours after we have everything needed. That includes the provider's statement for a pregnancy or childbirth claim, where the evaluation supports it.

There's usually no appointment, and a provider may follow up for more detail before deciding. Completing our intake form starts the review; it does not guarantee a signature, and if the review does not support your request you are refunded in full. Our medical leave forms page has the details.

Does short-term disability protect your job?

Short-term disability does not protect your job. Job protection, where it exists, comes from the FMLA, the ADA (Americans with Disabilities Act), a state law, a union contract, or your employer's own policy.

At employers with at least 15 employees, pregnancy adds federal rules. The Equal Employment Opportunity Commission (EEOC) fact sheet on pregnancy discrimination says, "Employers must hold open a job for a pregnancy related absence the same length of time that jobs are held open for employees on sick or temporary disability leave." Under the Pregnant Workers Fairness Act, in effect since June 27, 2023, "Leave can be a reasonable accommodation that an employee requests under the PWFA," and the EEOC's examples include "Leave to recover from childbirth or other medical conditions related to pregnancy or childbirth." The EEOC adds, "An employer does not have to provide leave (or any other reasonable accommodation) if it causes undue hardship."

Answer the intake questions, and a state-licensed provider completes and signs the provider section of the paperwork your claim needs, where the evaluation supports it.