41. How do you qualify for an exemption as a pregnant woman?
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You are exempt from the time limit and the Work Program if you are a pregnant woman in your third trimester (week 27 or last 120 days) of pregnancy and you have verified the pregnancy and your due date. Appendix E (DTA Online Guide Links).
DTA requires that the pregnancy be verified by a statement from a “competent medical authority,” which includes a physician, osteopath, nurse practitioner or psychologist. Additionally, for the limited purpose of diagnosing pregnancy and pregnancy-related incapacity, it includes a nurse-midwife who meets the educational and certification requirements mandated by state law.
Advocacy Reminder
- DTA regulations say you are exempt based on pregnancy only if you are in your third trimester (week 27 or last 120 days) of pregnancy, you have verified the pregnancy and your due date and you have a medical statement that your pregnancy prevents you from working, or you are in your 33rd week of pregnancy and you have the verified the pregnancy and your due date. See 106 C.M.R. § 703.100(A)(1)(c). Contact your local legal services program, Appendix D, if you are pregnant and DTA says you are not exempt from the time limit and the Work Program or if DTA says you have to do job search before you can get benefits. See job search requirements before getting benefits.