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Maternity Leave Question

Posted By Message

Beach0805
LIF Infant

Member since 7/12

278 total posts

Name:
Shell

Maternity Leave Question

I found out that the only way I will get paid for my maternity leave is if I use my sick days I've saved up. After those 6 or 8 weeks end, I can use up to 12 weeks of my FMLA time unpaid.

My question is, does anyone know how to go about applying for disability with New York State, so I can collect some kind of money during those unpaid weeks? I can't do it through my job because disability isn't in our contract.

Any help is much appreciated!

Posted 11/18/12 8:05 PM
 
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Mrs213
????????

Member since 2/09

18986 total posts

Name:

Re: Maternity Leave Question

I not think you can collect disability beyond what is medically necessary (6 weeks for natural, 8 weeks for c- section)

Posted 11/18/12 8:13 PM
 

NewMrsG
Love my GiGi

Member since 12/11

1442 total posts

Name:
Mrs. G

Maternity Leave Question

Or you can only collect a certain amount of weeks AFTER you have used all of your time. I have to find where I wrote down the info...but my understanding is it's not easy to get really.

Posted 11/18/12 8:33 PM
 

gdubs
This baby is awesome!

Member since 11/10

2467 total posts

Name:
Gina

Re: Maternity Leave Question

FMLA and Disability run concurrently. The FMLA clocks runs for 12 weeks and starts on your first day out. Short Term Disability whether paid through a policy through your company or just through the state is only for 6 or 8 weeks depending on how you deliver (Natural v CS). If your company doesn’t offer salary continuation after the STD period the remaining weeks (6 or 4) of FMLA will be unpaid unless you use Sick/Personal/Vacation time.

Your company needs to provide you with the paperwork to file for the State Disability. Someone in your HR department should be able to help you with that.

Message edited 11/18/2012 10:43:21 PM.

Posted 11/18/12 10:42 PM
 

Beach0805
LIF Infant

Member since 7/12

278 total posts

Name:
Shell

Re: Maternity Leave Question

Posted by gdubs

FMLA and Disability run concurrently. The FMLA clocks runs for 12 weeks and starts on your first day out. Short Term Disability whether paid through a policy through your company or just through the state is only for 6 or 8 weeks depending on how you deliver (Natural v CS). If your company doesn’t offer salary continuation after the STD period the remaining weeks (6 or 4) of FMLA will be unpaid unless you use Sick/Personal/Vacation time.

Your company needs to provide you with the paperwork to file for the State Disability. Someone in your HR department should be able to help you with that.



I'm in a school district and the HR department completely ignored my question about collecting disability. I only get paid by using my sick days. That's why I put the question on here. I was told if there is anything I can get in addition to my sick day pay, from the State, I need to get in on my own.

Message edited 11/19/2012 7:03:17 AM.

Posted 11/19/12 6:39 AM
 

Shroggie
Don't Worry...Be Happy

Member since 5/06

6261 total posts

Name:

Re: Maternity Leave Question

I'm not sure you can collect disability after the first 6/8 weeks. And, I'm pretty sure that if you're getting compensated (sick time) those first weeks, disability won't cover you.

Trying to figure out all this out is so confusing!

Posted 11/19/12 7:27 AM
 

Champ
2 little ladies

Member since 1/11

2918 total posts

Name:
Rose

Re: Maternity Leave Question

Once you are deemed healthy, you can not collect anything from anywhere. If you have a rough recovery or another medical issue and have the days, you can get paid for longer.

Posted 11/19/12 8:33 AM
 

gdubs
This baby is awesome!

Member since 11/10

2467 total posts

Name:
Gina

Re: Maternity Leave Question

Posted by Beach0805

Posted by gdubs

FMLA and Disability run concurrently. The FMLA clocks runs for 12 weeks and starts on your first day out. Short Term Disability whether paid through a policy through your company or just through the state is only for 6 or 8 weeks depending on how you deliver (Natural v CS). If your company doesn’t offer salary continuation after the STD period the remaining weeks (6 or 4) of FMLA will be unpaid unless you use Sick/Personal/Vacation time.

Your company needs to provide you with the paperwork to file for the State Disability. Someone in your HR department should be able to help you with that.



I'm in a school district and the HR department completely ignored my question about collecting disability. I only get paid by using my sick days. That's why I put the question on here. I was told if there is anything I can get in addition to my sick day pay, from the State, I need to get in on my
own.



I just want to make sure I'm getting this right since sometimes NYS disability insurance and STD are used interchangeably when they shouldn't be and it can get confusing. So the school itself does not have a short term disability policy, like through Cigna or Aetna? And they told you to get NYS disability you have to figure it out on your own???

I'm not 100% sure how schools handle leave but if they don't have a STD policy they should still be paying into state disability. Sometimes it is even taken out of a person's check under a code that says NYSDI. They would need to tell you who their carrier is for that, they even have to fill out a portion of the paperwork and that will pay you, very little, for 6 or 8 weeks. Nothing beyond that. It's only $100 somehing a week. If for whatever reason the school doesn't need to have to pay into NYS disability insurance AND they don't have a short term disability policy then unfortunately you aren't going to get paid for anything and would just need to use your sick time. The HR department can't just ignore the question, I would have my *ss handed to me for just ignoring someone's question like that. I would go back to HR and see if someone else can help you if that person isn't being helpful.

Posted 11/19/12 8:51 AM
 

Melmel821
Love being a mom!

Member since 5/08

2776 total posts

Name:
Melanie

Re: Maternity Leave Question

I'm collecting NYS disability for 6 weeks. I also pay for private short term disability and I received my check for that already. On top of that I saved my sick and vacation time so I can get paid throughout my maternity leave.

But FMLA and disability are different. Fmla allows you 12 weeks unpaid without losing your job. Disability is what you collect from.

If you are still unsure, talk to your human resources dept. they will explain the benefits and help you out based on FMLA, disability and company policy. Good Luck!

Posted 11/19/12 8:58 AM
 

Beach0805
LIF Infant

Member since 7/12

278 total posts

Name:
Shell

Re: Maternity Leave Question

Posted by gdubs

I just want to make sure I'm getting this right since sometimes NYS disability insurance and STD are used interchangeably when they shouldn't be and it can get confusing. So the school itself does not have a short term disability policy, like through Cigna or Aetna? And they told you to get NYS disability you have to figure it out on your own???

I'm not 100% sure how schools handle leave but if they don't have a STD policy they should still be paying into state disability. Sometimes it is even taken out of a person's check under a code that says NYSDI. They would need to tell you who their carrier is for that, they even have to fill out a portion of the paperwork and that will pay you, very little, for 6 or 8 weeks. Nothing beyond that. It's only $100 somehing a week. If for whatever reason the school doesn't need to have to pay into NYS disability insurance AND they don't have a short term disability policy then unfortunately you aren't going to get paid for anything and would just need to use your sick time. The HR department can't just ignore the question, I would have my *ss handed to me for just ignoring someone's question like that. I would go back to HR and see if someone else can help you if that person isn't being helpful.



For my position, teacher assistant, there isn't any disability taken out of my paycheck. I was told I get up to 12 weeks from my FMLA. I don't have to take all 12 weeks, I'm entitled to 6 or 8 weeks depending upon what type of birth. In order for me to get paid, I have to use sick time.

So after what you are all telling me, I'm not going to be able to collect anything else for being out, other than my sick pay. Chat Icon

Posted 11/19/12 6:46 PM
 

gdubs
This baby is awesome!

Member since 11/10

2467 total posts

Name:
Gina

Maternity Leave Question

Anyone who works for an employer with more than 50 employees is given FMLA, and like PPs have mentioned it is really only a guarantee your job is safe for 12 weeks but doesn't entitle anyone to pay. If as a TA they're not required to cover you in their NYS Disability Insurance then you wouldn't be entitled to other pay that I'm aware of. I am only familiar with what people are entitled to through their employers etc and I have never worked in a school district so there may be something I am missing but based on what you've said it looks like you just have to use your sick pay. Are there any other TA's who have gone on matenrity leave before that you could just double check with?

Posted 11/19/12 7:12 PM
 

Teachergal
We made a snowman!

Member since 1/08

3239 total posts

Name:

Re: Maternity Leave Question

I am a teacher and when I gave birth last time I used my sick pay to get paid for 6 weeks. I then used FMLA to hold my job for 12 weeks.

Posted 11/19/12 7:24 PM
 

LL514
LIF Adult

Member since 4/10

1901 total posts

Name:

Re: Maternity Leave Question

also are you sure that the 12 weeks of fmla start AFTER 6 to 8 weeks of sick time? in my district it starts right away. our choices are either use up to 12 weeks of fmla, or you take a child bearing leave which is either one semester, one year or two years. once your sick days run out, you are off payroll and lose your health insurance.

Posted 11/19/12 7:47 PM
 

Beach0805
LIF Infant

Member since 7/12

278 total posts

Name:
Shell

Re: Maternity Leave Question

Posted by gdubs

Anyone who works for an employer with more than 50 employees is given FMLA, and like PPs have mentioned it is really only a guarantee your job is safe for 12 weeks but doesn't entitle anyone to pay. If as a TA they're not required to cover you in their NYS Disability Insurance then you wouldn't be entitled to other pay that I'm aware of. I am only familiar with what people are entitled to through their employers etc and I have never worked in a school district so there may be something I am missing but based on what you've said it looks like you just have to use your sick pay. Are there any other TA's who have gone on matenrity leave before that you could just double check with?



There was one TA I knew of that went out on maternity leave and she confirmed what I found out. You get paid for how ever many sick days you have. They don't have anything in our contracts because most TAs aren't concerned with maternity leave since most are above the age bearing years.

I just wanted to see if there was another way to get money and clearly there isn't.

Message edited 11/19/2012 8:14:10 PM.

Posted 11/19/12 8:10 PM
 

Beach0805
LIF Infant

Member since 7/12

278 total posts

Name:
Shell

Re: Maternity Leave Question

Posted by LL514

also are you sure that the 12 weeks of fmla start AFTER 6 to 8 weeks of sick time? in my district it starts right away. our choices are either use up to 12 weeks of fmla, or you take a child bearing leave which is either one semester, one year or two years. once your sick days run out, you are off payroll and lose your health insurance.



The 12 weeks of FMLA start the moment I go out. I don't have to use all of it. I only get paid for the first 6 or 8 weeks, as long as I have the days saved.

Posted 11/19/12 8:12 PM
 

LL514
LIF Adult

Member since 4/10

1901 total posts

Name:

Re: Maternity Leave Question

Posted by Beach0805

Posted by LL514

also are you sure that the 12 weeks of fmla start AFTER 6 to 8 weeks of sick time? in my district it starts right away. our choices are either use up to 12 weeks of fmla, or you take a child bearing leave which is either one semester, one year or two years. once your sick days run out, you are off payroll and lose your health insurance.



The 12 weeks of FMLA start the moment I go out. I don't have to use all of it. I only get paid for the first 6 or 8 weeks, as long as I have the days saved.



oh i see. my district lets you use your sick days for all 12 weeks

Posted 11/19/12 8:32 PM
 
 

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