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MrsM429
Mama x2 <3
Member since 12/10 4946 total posts
Name:
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Maternity Leave/STD question
If you are not offered a paid maternity leave, does your company require you to use your vacation/PTO time before you can collect STD?
The company in question does not meet FMLA requirements, and is allowing the employee to take the standard 6-8 weeks. Management is stating the employee is required to be paid out for all vacations/pto/sick day before they can be paid out for STD. Management states that since they are taking a leave of absence, that voids any future paid time off for the year. The employee does not wish to do this, and is requesting to keep their time fo days off/vacation later in the year.
What are your thoughts?
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Posted 1/7/16 10:28 AM  |
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Kitten1929
LIF Adult
Member since 1/13 6040 total posts
Name:
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Maternity Leave/STD question
I would think they have to follow the policy. She can't willfully demand that they break their protocol for her. HR nightmare.
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| Posted 1/7/16 10:36 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Maternity Leave/STD question
My company which is much larger requires you to use all PTO before going on unpaid FMLA. So I would think that a smaller company who doesn't have to give you FMLA period can do the same.
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| Posted 1/7/16 10:38 AM |
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Paramount
Sweet!
Member since 7/12 4289 total posts
Name:
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Maternity Leave/STD question
Its their policy. If she does not like it find a new job. She just cant come in and say "well, I don't like the policy so I want you to do THIS for me". KWIM?
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| Posted 1/7/16 10:38 AM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Maternity Leave/STD question
I'm confused.
They don't offer paid maternity leave, and she doesn't want to use her PTO time, so what does she want?
To be unpaid?
STD doesn't pay much- like less than $200 a week- and that's from the state, not the employer.
If she doesn't want to use her own PTO, what does she expect to get paid from?
Or are you saying she wants to go unpaid and save her days for later in the year?
Message edited 1/7/2016 10:41:59 AM.
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| Posted 1/7/16 10:40 AM |
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TwinDani
We are complete <3
Member since 3/11 1750 total posts
Name:
Danielle
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Maternity Leave/STD question
Where I work we have to used all of our PTO except for two weeks vacation we can keep in our bank. I get 100% paid STD for up to 26 weeks. I work for a state agency.
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| Posted 1/7/16 10:44 AM |
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ali120206
2 Boys
Member since 7/06 17796 total posts
Name:
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Re: Maternity Leave/STD question
Posted by NervousNell
I'm confused.
They don't offer paid maternity leave, and she doesn't want to use her PTO time, so what does she want?
To be unpaid?
STD doesn't pay much- like less than $200 a week- and that's from the state, not the employer.
If she doesn't want to use her own PTO, what does she expect to get paid from?
Or are you saying she wants to go unpaid and save her days for later in the year?
Some companies offer private disability as well (mine did).
To OP - I dont' think she can change the company's policy and all companies have different policies.
For my company, you have to take 5 days of PTO, then you get 5 weeks of disability, and then you use your accrued PTO up to 12 weeks. If you run out of accrued PTO, you can either take unpaid time or unaccrued PTO for the calendar year.
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| Posted 1/7/16 10:45 AM |
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MrsM429
Mama x2 <3
Member since 12/10 4946 total posts
Name:
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Re: Maternity Leave/STD question
Posted by NervousNell
I'm confused.
They don't offer paid maternity leave, and she doesn't want to use her PTO time, so what does she want?
To be unpaid?
STD doesn't pay much- like less than $200 a week- and that's from the state, not the employer.
If she doesn't want to use her own PTO, what does she expect to get paid from?
Or are you saying she wants to go unpaid and save her days for later in the year?
She wants to do the latter- save her PTO so she can use it throughout the year for additional days off.
It's a grey area for the company, because it is very small and only has 2 people of child-bearing age this can apply to.
There was a former employee who had 2 children throughout her career there- with the first child, she was asked if she wanted to use her time, to which she said yes (this was an end of the year baby)
With the second, she was again asked, but declined. She ended up leaving the company shortly after and was paid out upon resignation.
This time, management is not giving the option to keep, they are stating it must be used.
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| Posted 1/7/16 11:06 AM |
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Re: Maternity Leave/STD question
When I had my kids, I didn't get paid AND didn't have to use any of my days.
Now I know they have to use their days which I think is horrible though as that first year is the year the kids always got sick and you were always taking time off.
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| Posted 1/7/16 11:08 AM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Maternity Leave/STD question
Posted by MrsM429
Posted by NervousNell
I'm confused.
They don't offer paid maternity leave, and she doesn't want to use her PTO time, so what does she want?
To be unpaid?
STD doesn't pay much- like less than $200 a week- and that's from the state, not the employer.
If she doesn't want to use her own PTO, what does she expect to get paid from?
Or are you saying she wants to go unpaid and save her days for later in the year?
She wants to do the latter- save her PTO so she can use it throughout the year for additional days off.
It's a grey area for the company, because it is very small and only has 2 people of child-bearing age this can apply to.
There was a former employee who had 2 children throughout her career there- with the first child, she was asked if she wanted to use her time, to which she said yes (this was an end of the year baby)
With the second, she was again asked, but declined. She ended up leaving the company shortly after and was paid out upon resignation.
This time, management is not giving the option to keep, they are stating it must be used.
OK so they won't let her go unpaid to save her days.
Got it.
Yeah that's kind of strange- because it's not like she is asking for anything- other than to save her days and take her leave unpaid.
But I guess policy is policy
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| Posted 1/7/16 11:09 AM |
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IVFmiracle
Complete
Member since 12/12 4088 total posts
Name:
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Re: Maternity Leave/STD question
For DD- I used PTO for 11 weeks. That's all I had. The last 2 weeks I took unpaid. I submitted my resignation letter after the 11th week. So I didn't go back after my maternity leave. If I had stated I wasn't coming back before my maternity, I would have been paid for the 5 weeks vacation I had and they would have kept the 6 weeks sick I had accrued over the years.
Trying for DC2, my job does not offer very good PTO and no paid maternity leave. I will take the 3ish weeks I will have accrued between earned time and extended leave and then use disability insurance for 7 weeks (for c-section)). The max cost of disability insurance doesn't even cover my salary, but it's a help. After that I have to go back or take the rest unpaid.
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| Posted 1/7/16 12:12 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Maternity Leave/STD question
Posted by NervousNell
Posted by MrsM429
Posted by NervousNell
I'm confused.
They don't offer paid maternity leave, and she doesn't want to use her PTO time, so what does she want?
To be unpaid?
STD doesn't pay much- like less than $200 a week- and that's from the state, not the employer.
If she doesn't want to use her own PTO, what does she expect to get paid from?
Or are you saying she wants to go unpaid and save her days for later in the year?
She wants to do the latter- save her PTO so she can use it throughout the year for additional days off.
It's a grey area for the company, because it is very small and only has 2 people of child-bearing age this can apply to.
There was a former employee who had 2 children throughout her career there- with the first child, she was asked if she wanted to use her time, to which she said yes (this was an end of the year baby)
With the second, she was again asked, but declined. She ended up leaving the company shortly after and was paid out upon resignation.
This time, management is not giving the option to keep, they are stating it must be used.
OK so they won't let her go unpaid to save her days.
Got it.
Yeah that's kind of strange- because it's not like she is asking for anything- other than to save her days and take her leave unpaid.
But I guess policy is policy
She is technically asking for additional time away from the job, regardless of compensation. This is why the employer doesn't want to do this. If she is already going to be out for 6-8 weeks, they don't want her taking additional time off later in the year. If they require her to use PTO for the maternity leave, she will only be out the 6-8 weeks.
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| Posted 1/7/16 12:20 PM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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Maternity Leave/STD question
She has to follow whatever their policy is. If their policy is to use PTO before STD, then that is what she must do. She is lucky she is getting anything in this country.
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| Posted 1/7/16 12:20 PM |
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JDubs
different, not less
Member since 7/09 13160 total posts
Name:
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Re: Maternity Leave/STD question
I would think it varies for each company. For me I had to use STD concurrently with my sick and vacation days until it ran out, then it was just whatever i had left of sick or vacation days until that ran out, then i was unpaid until i came back.
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| Posted 1/7/16 12:20 PM |
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WannaBeAMom11
LIF Adult
Member since 1/11 7391 total posts
Name:
Name
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Re: Maternity Leave/STD question
Posted by ali120206
Posted by NervousNell
I'm confused.
They don't offer paid maternity leave, and she doesn't want to use her PTO time, so what does she want?
To be unpaid?
STD doesn't pay much- like less than $200 a week- and that's from the state, not the employer.
If she doesn't want to use her own PTO, what does she expect to get paid from?
Or are you saying she wants to go unpaid and save her days for later in the year?
Some companies offer private disability as well (mine did).
To OP - I dont' think she can change the company's policy and all companies have different policies.
For my company, you have to take 5 days of PTO, then you get 5 weeks of disability, and then you use your accrued PTO up to 12 weeks. If you run out of accrued PTO, you can either take unpaid time or unaccrued PTO for the calendar year.
Same. Pto cannot be saved.
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| Posted 1/7/16 12:37 PM |
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WannaBeAMom11
LIF Adult
Member since 1/11 7391 total posts
Name:
Name
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Re: Maternity Leave/STD question
Posted by NervousNell
Posted by MrsM429
Posted by NervousNell
I'm confused.
They don't offer paid maternity leave, and she doesn't want to use her PTO time, so what does she want?
To be unpaid?
STD doesn't pay much- like less than $200 a week- and that's from the state, not the employer.
If she doesn't want to use her own PTO, what does she expect to get paid from?
Or are you saying she wants to go unpaid and save her days for later in the year?
She wants to do the latter- save her PTO so she can use it throughout the year for additional days off.
It's a grey area for the company, because it is very small and only has 2 people of child-bearing age this can apply to.
There was a former employee who had 2 children throughout her career there- with the first child, she was asked if she wanted to use her time, to which she said yes (this was an end of the year baby)
With the second, she was again asked, but declined. She ended up leaving the company shortly after and was paid out upon resignation.
This time, management is not giving the option to keep, they are stating it must be used.
OK so they won't let her go unpaid to save her days.
Got it.
Yeah that's kind of strange- because it's not like she is asking for anything- other than to save her days and take her leave unpaid.
But I guess policy is policy
Most companies are like this. You don't want someone being off for 2 to 4 months then coming back and immediately going on vacation.
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| Posted 1/7/16 12:39 PM |
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Re: Maternity Leave/STD question
Posted by WannaBeAMom11
Posted by NervousNell
Posted by MrsM429
Posted by NervousNell
I'm confused.
They don't offer paid maternity leave, and she doesn't want to use her PTO time, so what does she want?
To be unpaid?
STD doesn't pay much- like less than $200 a week- and that's from the state, not the employer.
If she doesn't want to use her own PTO, what does she expect to get paid from?
Or are you saying she wants to go unpaid and save her days for later in the year?
She wants to do the latter- save her PTO so she can use it throughout the year for additional days off.
It's a grey area for the company, because it is very small and only has 2 people of child-bearing age this can apply to.
There was a former employee who had 2 children throughout her career there- with the first child, she was asked if she wanted to use her time, to which she said yes (this was an end of the year baby)
With the second, she was again asked, but declined. She ended up leaving the company shortly after and was paid out upon resignation.
This time, management is not giving the option to keep, they are stating it must be used.
OK so they won't let her go unpaid to save her days.
Got it.
Yeah that's kind of strange- because it's not like she is asking for anything- other than to save her days and take her leave unpaid.
But I guess policy is policy
Most companies are like this. You don't want someone being off for 2 to 4 months then coming back and immediately going on vacation.
I didn't know anyone who immediately went on vacation but used it to take off when their baby was sick.
It makes no sense to me to take that time away from the worker.
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| Posted 1/7/16 12:57 PM |
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Bebelove
LIF Adolescent
Member since 8/12 742 total posts
Name:
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Re: Maternity Leave/STD question
When I started an old job, the policy was similar. It's a miserably unfair deal because women would come back from maternity leave and have zero days to take. They would come in sick, would be scrambling to find help on certain days, and had no vacation time for months on end.
The policy changed right before I decided to TTC and it was a wonderful new policy. 8 weeks full pay, and any additional time taken was unpaid. So unfair to the women that had babies just a few months prior.
I think the woman should speak with HR, the owner, whoever because it is such an awful policy. They should be able to work out something.
If more women (and men) would speak up, We would have better policies in this country!!
To add: my advice, everything can be negotiated. I fought for extra weeks for personal reasons and was able to use it.
Message edited 1/7/2016 1:09:36 PM.
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| Posted 1/7/16 1:01 PM |
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Bebelove
LIF Adolescent
Member since 8/12 742 total posts
Name:
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Re: Maternity Leave/STD question
Posted by Paramount
Its their policy. If she does not like it find a new job. She just cant come in and say "well, I don't like the policy so I want you to do THIS for me". KWIM?
This is the attitude that really irks me. It's not so easy to just find a new job. Remember , we are talking about a new life coming into the world, not a month long vacation.
This is the attitude that will prevent women from ever having a decent maternity leave policy in this country, or having very smart / capable women leaving the work force left and right.
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| Posted 1/7/16 1:05 PM |
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Re: Maternity Leave/STD question
Posted by Bebelove
Posted by Paramount
Its their policy. If she does not like it find a new job. She just cant come in and say "well, I don't like the policy so I want you to do THIS for me". KWIM?
This is the attitude that really irks me. It's not so easy to just find a new job. Remember , we are talking about a new life coming into the world, not a month long vacation.
This is the attitude that will prevent women from ever having a decent maternity leave policy in this country, or having very smart / capable women leaving the work force left and right.
It is very hard to find a job (I am in the process) let alone with a newborn.
I don't get how companies used to allow you to keep your days but all of a sudden, 12 years ago, IME, it stopped. Why? Because they just don't want to pay you for taking time off? What happened to having 12 weeks off if you have more than 50 employees?
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| Posted 1/7/16 1:08 PM |
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Bebelove
LIF Adolescent
Member since 8/12 742 total posts
Name:
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Re: Maternity Leave/STD question
Posted by afternoondelight828
Posted by Bebelove
Posted by Paramount
Its their policy. If she does not like it find a new job. She just cant come in and say "well, I don't like the policy so I want you to do THIS for me". KWIM?
This is the attitude that really irks me. It's not so easy to just find a new job. Remember , we are talking about a new life coming into the world, not a month long vacation.
This is the attitude that will prevent women from ever having a decent maternity leave policy in this country, or having very smart / capable women leaving the work force left and right.
It is very hard to find a job (I am in the process) let alone with a newborn.
I don't get how companies used to allow you to keep your days but all of a sudden, 12 years ago, IME, it stopped. Why? Because they just don't want to pay you for taking time off? What happened to having 12 weeks off if you have more than 50 employees?
Agree. They do it because it's convenient for the owners of the company, plain and simple. If no one complains or speaks up, it will continue to happen.
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| Posted 1/7/16 1:13 PM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Maternity Leave/STD question
Posted by afternoondelight828
Posted by Bebelove
Posted by Paramount
Its their policy. If she does not like it find a new job. She just cant come in and say "well, I don't like the policy so I want you to do THIS for me". KWIM?
This is the attitude that really irks me. It's not so easy to just find a new job. Remember , we are talking about a new life coming into the world, not a month long vacation.
This is the attitude that will prevent women from ever having a decent maternity leave policy in this country, or having very smart / capable women leaving the work force left and right.
It is very hard to find a job (I am in the process) let alone with a newborn.
I don't get how companies used to allow you to keep your days but all of a sudden, 12 years ago, IME, it stopped. Why? Because they just don't want to pay you for taking time off? What happened to having 12 weeks off if you have more than 50 employees?
The 12 weeks off is FMLA- all it requires is that the employer hold your job- or an equal one- for the 12 weeks- it doesn't specify how you get paid or if you get paid and if you can use PTO days or not, etc.
But I do agree that this country is SERIOUSLY lacking in it's maternity leave polices etc.
It's embarrassing compared to other countries.
Very sad
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| Posted 1/7/16 1:14 PM |
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Re: Maternity Leave/STD question
Posted by Bebelove
Posted by afternoondelight828
Posted by Bebelove
Posted by Paramount
Its their policy. If she does not like it find a new job. She just cant come in and say "well, I don't like the policy so I want you to do THIS for me". KWIM?
This is the attitude that really irks me. It's not so easy to just find a new job. Remember , we are talking about a new life coming into the world, not a month long vacation.
This is the attitude that will prevent women from ever having a decent maternity leave policy in this country, or having very smart / capable women leaving the work force left and right.
It is very hard to find a job (I am in the process) let alone with a newborn.
I don't get how companies used to allow you to keep your days but all of a sudden, 12 years ago, IME, it stopped. Why? Because they just don't want to pay you for taking time off? What happened to having 12 weeks off if you have more than 50 employees?
Agree. They do it because it's convenient for the owners of the company, plain and simple. If no one complains or speaks up, it will continue to happen.
I don't know if anyone ever did at my job or if they didn't know the rules changed.
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| Posted 1/7/16 1:14 PM |
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LuckyStar
LIF Adult
Member since 7/14 7274 total posts
Name:
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Maternity Leave/STD question
She wants to save ALL her PTO or some of it? If she didn't save her PTO and took a vacation later in the year, wouldn't the vacation then be unpaid? So a week unpaid is a week unpaid, whether it's for a baby or a cruise to the Bahamas. Or is unpaid PTO never allowed? I can't see that being the case.
I'm on maternity leave now. I have to use my sick time, followed by my vacation time to cover the 12 weeks (ours is banked separately). In my case, I use 8 weeks sick (c-section) and 4 vacation. If regular delivery, then it's 6 and 6. We only get 6 weeks vacation, so we are allowed to save one week in our bank and take the last week of leave unpaid. Not sure what happens if you don't want to save it. This is at a large company.
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| Posted 1/7/16 1:22 PM |
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Re: Maternity Leave/STD question
Posted by LuckyStar
She wants to save ALL her PTO or some of it? If she didn't save her PTO and took a vacation later in the year, wouldn't the vacation then be unpaid? So a week unpaid is a week unpaid, whether it's for a baby or a cruise to the Bahamas. Or is unpaid PTO never allowed? I can't see that being the case.
I'm on maternity leave now. I have to use my sick time, followed by my vacation time to cover the 12 weeks (ours is banked separately). In my case, I use 8 weeks sick (c-section) and 4 vacation. If regular delivery, then it's 6 and 6. We only get 6 weeks vacation, so we are allowed to save one week in our bank and take the last week of leave unpaid. Not sure what happens if you don't want to save it. This is at a large company.
IME I got 12 weeks, unpaid maternity leave. I got paid 6 weeks disability. I kept all my vacation, sick and personal time, never had to use any of it for my maternity leave.
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| Posted 1/7/16 1:31 PM |
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