What to do if my wife is currently pregnant with our first child and will be terminated on the day that she was to start STD?

She recently found out that her company will be terminating her employment, through no fault of her own, and closing her program beginning the day she planned to take her maternity leave. We are concerned about her ability to collect short term disability. Normally it would not kick in for 14 days once the leave began and then continue for 12 weeks. Financially, we had planned on her collecting STD. This will put us in a bit of a bind if we are unable to do so.Will she still be able to collect STD even though she will be terminated from her position and, if so, for how long?

Asked on January 27, 2013 under Employment Labor Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If your wife is going to be terminated for a legitimate business reason and not because she is pregnant, then the termination is legal. However, if she is terminated, she can make a claim for unemployment benefits as well as for short term disability benefits as well.

The termination date sounds odd. I suggest that your wife consult with a labor law attorney and/or a reprresentative with her local department of labor to see if there are suspicions that she is being terminated because she is pregnant. If she is, then her termination violates the law in all states in this country.


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