Getting the full 12 weeks of leave

So my work doesn't have maternity leave- they have FMLA and short term disability (STD). I'm allowed up to 12 weeks with FMLA, will get 100% pay from STD for the first 4 weeks and can get 60% pay from STD for the next 8 weeks if my doc allows it. Is it hard to get your doc to give you the full 12 weeks if you have a vaginal birth? I know 12 weeks is standard with a c-section but I'm hoping not to have one.

I'm so not going to be ready to go back at 8 weeks and can't afford a month without pay.

Message edited 8/26/2009 10:50:17 AM.

Re: Getting the full 12 weeks of leave

im not sure, but i think most doctors would write you the note if you need it.

Re: Getting the full 12 weeks of leave

Re: Getting the full 12 weeks of leave

Your doctor cannot deny you the full 12 weeks. It is the law. HOWEVER, your STD policy may not cover the entire 12 weeks if its not medically necessary - I guess that depends on the policy.

Mine will cover 6 weeks PP and thats it. So I will not get paid for 6 weeks, but we are prepared for that. After my other 2 kids, I went back to work at 6 weeks PP and was miserable knowing I couldhave spent double that amount of time home with my babies.

Re: Getting the full 12 weeks of leave

i think in NY it's 6 weeks STD for vaginal birth and 8 weeks for a c-section. under FMLA you are entitled to 12 weeks leave, but it's unpaid. as for your doctor writing a note, i don't know how many will do that. my old OB's office had 2 huge signs at the front desk saying they would not approve STD for more than the norm unless it was medically necessary.

Re: Getting the full 12 weeks of leave

Re: Getting the full 12 weeks of leave

Can you use vacation/other sick time to make up the other 4-6 weeks (depending on whether it's vaginal or c-section)?

I'm planning on taking the 12 weeks off. I get the 6-8 weeks of disability and then I'm going to use banked sick time and some vacation time (I am carrying some days over to use so I will still have a decent amount of available days once I head back to work).

Re: Getting the full 12 weeks of leave

This is what my policy says:

A disability absence ends when a physician certifies that the employee is medically able to resume his
or her regular work duties or releases the employee to return to work for light duty.

So it seems like it's up to the doc?

Re: Getting the full 12 weeks of leave

Re: Getting the full 12 weeks of leave

It sounds like disability is up to the doctor - the FMLA though is separate from just disability (you just might not get paid for the whole thing).

Most people in my office do the disability for 6-8 weeks and then either use vacation time or go unpaid for the remainder they would like to take.

Re: Getting the full 12 weeks of leave

Be careful, my doctor filled out all my paperwork stating that I had a c section and was to be paid for 8 weeks.

The company my job files the short term disability through asked for a copy of my job description.

They read it and decided since my job was sedentary (accountant) that I was only to be paid for 6 weeks.

Re: Getting the full 12 weeks of leave

Posted by isabelle2137


They read it and decided since my job was sedentary (accountant) that I was only to be paid for 6 weeks.

Re: Getting the full 12 weeks of leave

Hmm, I would double check with Human Resources. FMLA is a federal law which entitles you to take up to 12 weeks leave for care of yourself or an immediate family member. It is not maternity leave; however, the time does run concurrent with your maternity leave. For example, if your employer gives you 6 weeks paid maternity, you are entitled to take an additional 6 weeks under FMLA. ( I don't think you need a doctor's note for this. As I'm looking at the paperwork, you would just check off that you are requesting child care leave). Also, I don't think you can receive pay while on FMLA, as it has been established to hold your position, or a similar one upon your return, and maintain your health benefits throughout the duration of your leave.

Re: Getting the full 12 weeks of leave

Yes, I would get the full 12 under FMLA. My concern is getting paid the full 12 weeks under STD.

Re: Getting the full 12 weeks of leave

Re: Getting the full 12 weeks of leave

I only got paid for 6 weeks FMLA full pay because I was at my job for over 10 year the rest of my time off has been saved personal time I'm using at least 5 weeks paid so most of my maternity leave has been paid. It does suck what you get paid for I also have a V delievery

Re: Getting the full 12 weeks of leave

Posted by shiv

Posted by ali120206

Can you use vacation/other sick time to make up the other 4-6 weeks (depending on whether it's vaginal or c-section)?

I actually had already planned to use them to make up the other 40% that was not covered by STD. There's no way I'll have 4-6 weeks of sick/vacation to use. I have about 2 weeks of that to be used

Re: Getting the full 12 weeks of leave

I think the only involvement your doctor has with your FMLA leave is approving your last day or work. My doctor's just asked what day I wanted it to be and then signed my company's FMLA forms.

Re: Getting the full 12 weeks of leave

Re: Getting the full 12 weeks of leave

FMLA legally gives you 12 weeks off whether or not your work is willing to pay for it is up to them.

I'm doing the full 12 weeks. I get 6 weeks at 60% my pay if v-birth but 8 weeks at 60% if I have a c-section. With short term disability which is what I have your doctor fills out your paperwork at your first follow up appointment a week PP usually, I'm going try to have mine do it at the hospital. I have a 7 day waiting period so I'm going to not get paid for the first week off unless I want to use my vacation days first. (you probably do to) So currently I'm going with 6 weeks at 60% pay, then I have 10 vacation days then the other 4 weeks I'm shiot out of luck pay wise.

I did my breakdown like this (with fake $$ amounts)

Week 1- 7 day waiting period. I'm taking it as no pay. $0
Week 2- Start disability $650
Week 3- $650
Week 4- $650
Week 5- $650
Week 6- $650
Week 7- $650
Week 8- Personal Time Off pay $1300
Week 9- Personal Time Off pay $1300
Week 10-$0
Week 11-$0
Week 12-$0

Re: Getting the full 12 weeks of leave

Re: Getting the full 12 weeks of leave

Re: Getting the full 12 weeks of leave

Re: Getting the full 12 weeks of leave

Ok..maybe someone here can tell me what the frig this means with my companys STD salary continuation..b/c i got a completely different story from H/R:

____________________________________

An employee is deemed to be disabled when, as a result of a non-work related illness or injury (including pregnancy and childbirth),
The elimination period is the qualifying period to start salary continuation. The elimination period is seven (7) calendar days. During the 7-day elimination period, the first 5 work days will be charged against the Sick Day Policy. If sick time is unavailable, personal, vacation or unpaid time may be used. Holidays which occur during the elimination period are counted as part of the 7-day elimination period and are paid according to the guidelines of the Holiday Pay Policy.

Salary continuation begins after the elimination period, upon receipt of appropriate medical documentation and approval by Unum, Pearson’s disability administrator.

DURATION OF COVERAGE

Upon approval by Unum, STD salary continuation is based on the employee’s service per the following schedules:

Years of Service Benefit Level
  Weeks Paid at 100% Weeks Paid at 60%
Less than 1 year 0(3) 0(3)
1 – 2 years 5 20
3 – 6 years 9 16

I fall into the 3-6 year category so that should be 9 weeks at full salary.

H/r is giving me different info, meanwhile a copy of this policy was included in the maternity packet they gave me.

________________________________

Re: Getting the full 12 weeks of leave

Posted by Peainapod

I fall into the 3-6 year category so that should be 9 weeks at full salary.

H/r is giving me different info, meanwhile a copy of this policy was included in the maternity packet they gave me.

________________________________