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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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This is a ways away but...
I work for a small business (about 25-30 employees total) The business has been open for about 2yrs, I was there 1st employee.
I know I will be covered under FMLA for 12 weeks, and I intend to be out the full 12 weeks.
My "contract" says my boss must pay me my FULL salary the first 4 weeks of maternity leave.
I pay into a separate STD account, which will pay me a little more than half.
I should also be eligible for the state disability ($150/week) right? How do I go about this (when the time comes)??? My boss is unaware of all of this (we've had this convo before- unrelated to me-since she is not aware Im preggo yet)
If I "planned" this all correctly...
My first month I should get paid
My full salary from my boss
My STD $$$$
and
150/week
My 2nd
My STD$$$
and
150/week
and 3 month
Just my STD $$$
Im just wondering if having one will negate the other or anything like that, and how to get info on receiving the state $$$
TIA
ETA- The more I read the more I see FMLA only protects those with 50 more employees.
My last job did not have 50 employees but was a national corporation...???
My current job is a franchise (LLC) so while the company as a whole has MANY employees my owners location has about half...
Message edited 10/19/2008 2:56:26 PM.
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Posted 10/19/08 1:18 PM  |
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IrishMom77
Brothers!!
Member since 8/05 3498 total posts
Name:
Roseann
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Re: This is a ways away but...
I was eliglbe for FMLA and I had STD
The first 5 days I was out, I HAD to use sick or vacation time
Then I was paid 4 weeks of full pay (company policy)
Because I was getting paid that, I did not collect NYS Disability. Its my understanding you cant get both. The NYS checks get sent to my job and they do something with them.
I got 2 weeks of STD (because benefits dont start until the 21st day of disability - that is according to my plan), then about 2 weeks of NYS disabilty. Accoring to my company, nothing can run con-currently. So since NYS Disability is only 8 weeks, since I was paid for 4, had 1 week sick time and 2 weeks or so of STD, I only got a little more than a week of NYS Disability. My HR person laid it all out for me before I went on leave...
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| Posted 10/19/08 2:32 PM |
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EmmaNick
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Member since 12/06 16001 total posts
Name:
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Re: This is a ways away but...
If you have less than 50 employees you aren't covered under FMLA.
The state disability you don't get if you have a private disability policy that you pay extra for.
At least that's my understanding.
Also, State disability is only for 6 weeks for a vaginal birth, 8 for a c-section, but one week is a waiting period so you really only get paid for 5 or 7.
Message edited 10/19/2008 2:42:56 PM.
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| Posted 10/19/08 2:41 PM |
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FranM
And so it goes....
Member since 9/05 2217 total posts
Name:
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Re: This is a ways away but...
If your company has more than 49 employees within a certain (forget the number) mile radius they must comply with FMLA. So if your boss owns more than one franchise and thery are located near each other the employees from each location count towards the 50. FMLA time does not have to be paid and agenerally is not. FMLA protects your job and your benefits.
NYS Disability is about $180 a week and is generally paid for 6 weeks post delivery for a v birth 8 weeks for a c section. If you participate in a additional disability plan through your employer there generally is a carve out for other benefits. So you would collect from only one disability plan at a time. If you purchased a disablity plan on your own you need to read the policy to see if there is a carve out for other benefits.
Message edited 10/19/2008 2:50:01 PM.
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| Posted 10/19/08 2:49 PM |
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Faithx2
All good things in 2016!!
Member since 8/05 20181 total posts
Name:
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Re: This is a ways away but...
Disability is whooping $170 a week
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| Posted 10/19/08 2:53 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: This is a ways away but...
With my 1st son I rec'd 170 the 1st week, and 150 the remaining 6 or 7 weeks...
I will be a scheduled c-section,since my 1st was a c-section as well.
According to my employee handbook it looks like FMLA covers franchises...it states "including joint employers and successors of covered employers"
FMLA is referred to several times in my book, and I cant see any school of this source having more than 50 employees.
You'd have to be licensed for over 300 kids to need 50 employees.
How can I find out for sure if franchises (LLC) are included in this...???
In the event FMLA is not eligible then I pretty much have no job to come back too???
This is all sooo confusing???
So I CANT receive NYS disability if I pay into a private plan????
ETA- there is def. more than 50 employees within a 75 mile radius, but some none are owned by my owner; one is a corp school the other is a franchise as well.
Message edited 10/19/2008 3:05:38 PM.
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| Posted 10/19/08 3:02 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: This is a ways away but...
OK... in my hand book under "Management personnel Maternity Leave"
It says "According to FMLA, employee benefits will be maintained at the same level of payment and coverage as before maternity leave. In addition, the company has committed to providing 100% of then current employees salary for a 4 week period, providing the birth does not take place before 18 months of employment. An extension with pay is available..."
Why would it preface everything with "According to FMLA" if none of the business' (each franchise/school has it own book) qualify for FMLA?
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| Posted 10/19/08 3:18 PM |
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KateDevine
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Member since 6/06 24950 total posts
Name:
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Re: This is a ways away but...
Posted by Princessmaris
OK... in my hand book under "Management personnel Maternity Leave"
It says "According to FMLA, employee benefits will be maintained at the same level of payment and coverage as before maternity leave. In addition, the company has committed to providing 100% of then current employees salary for a 4 week period, providing the birth does not take place before 18 months of employment. An extension with pay is available..."
Why would it preface everything with "According to FMLA" if none of the business' (each franchise/school has it own book) qualify for FMLA?
My MIL works in HR and she always says to refer to the company handbook when it comes to things like this, so I'd go buy what your books says
Even though there are franchises, maybe they look at like it is one big corporation, KWIM?
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| Posted 10/19/08 3:22 PM |
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EmmaNick
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Member since 12/06 16001 total posts
Name:
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Re: This is a ways away but...
I'm guessing because they never know if they will have 50 employees so it's SOP. Or maybe she just isn't aware of the 50 employee rule? Is this a handbook she made or did it come from the corporate office? I would probably call the corporate office (don't give your name) and ask if it covers franchisees.
I will tell you, my company has like 20 employees and they have the FMLA language in our handbook also and follow it with all the pregnant women. Not strictly since I had 5 months off, but I'm not sure if they are even aware of the 50 employee rule.
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| Posted 10/19/08 3:24 PM |
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Lillykat
going along for the ride...
Member since 5/05 16253 total posts
Name:
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Re: This is a ways away but...
Well I told my job that I was leaving after the baby well before I went out on bed rest - but they wanted me to have maternity leave to give me the extra health care, extra pay checks etc (I worked for an amazing employee friendly company).
They way they worked it out (I went out early on bed rest) was that they put me out on disability when I went out on bed rest. I got paid in full for 20 sick days, then my disability insurance kicked in.
I got BOTH the short term insurance policy that my company provided as well as the insurance that I paid for thru my company. Then after I had DD I got paid thru both for 8 weeks b.c I had a c-section.
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| Posted 10/19/08 3:27 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: This is a ways away but...
Posted by Summerrluvv
I'm guessing because they never know if they will have 50 employees so it's SOP. Or maybe she just isn't aware of the 50 employee rule? Is this a handbook she made or did it come from the corporate office? I would probably call the corporate office (don't give your name) and ask if it covers franchisees.
I will tell you, my company has like 20 employees and they have the FMLA language in our handbook also and follow it with all the pregnant women. Not strictly since I had 5 months off, but I'm not sure if they are even aware of the 50 employee rule.
Its made by the corporate office, but owners have a say if they want to give additl vacation times, maternity leave etc...
From what I know our book is pretty standard (like everyone elses) however my boss gives us more vacation time then everyone else.
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| Posted 10/19/08 3:41 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: This is a ways away but...
link
See this leads me to believe we are covered....
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| Posted 10/19/08 3:42 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: This is a ways away but...
bump...
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| Posted 10/20/08 6:56 AM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: This is a ways away but...
Posted by Princessmaris
link
See this leads me to believe we are covered....
If there are 50 or more employees within a 75 mile radius, you're covered under FMLA. Otherwise, you don't have the job protection that FMLA offers. That doesn't necessarily mean that you'd be out of a job if you're not protected under FMLA.
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| Posted 10/20/08 11:14 AM |
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EmmaNick
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Member since 12/06 16001 total posts
Name:
*
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Re: This is a ways away but...
Posted by MrsS2005
Posted by Princessmaris
link
See this leads me to believe we are covered....
If there are 50 or more employees within a 75 mile radius, you're covered under FMLA. Otherwise, you don't have the job protection that FMLA offers. That doesn't necessarily mean that you'd be out of a job if you're not protected under FMLA.
I think she is clear on that part. It's the fact that her employer doesn't employ 50 or more people, but is part of a franchise that does. That's the question.
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| Posted 10/20/08 11:16 AM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: This is a ways away but...
Posted by Summerrluvv
Posted by MrsS2005
Posted by Princessmaris
link
See this leads me to believe we are covered....
If there are 50 or more employees within a 75 mile radius, you're covered under FMLA. Otherwise, you don't have the job protection that FMLA offers. That doesn't necessarily mean that you'd be out of a job if you're not protected under FMLA.
I think she is clear on that part. It's the fact that her employer doesn't employ 50 or more people, but is part of a franchise that does. That's the question.
exactly!!
Corp does have a say in our finance, and do set alot of our rules... So that why Im lead to believe this link my work in my favor????
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| Posted 10/20/08 2:29 PM |
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KateDevine
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Member since 6/06 24950 total posts
Name:
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Re: This is a ways away but...
Posted by Princessmaris
Posted by Summerrluvv
Posted by MrsS2005
Posted by Princessmaris
link
See this leads me to believe we are covered....
If there are 50 or more employees within a 75 mile radius, you're covered under FMLA. Otherwise, you don't have the job protection that FMLA offers. That doesn't necessarily mean that you'd be out of a job if you're not protected under FMLA.
I think she is clear on that part. It's the fact that her employer doesn't employ 50 or more people, but is part of a franchise that does. That's the question.
exactly!!
Corp does have a say in our finance, and do set alot of our rules... So that why Im lead to believe this link my work in my favor????
Marissa, I'd think you are ok with it. Has anyone had a baby before there that you can ask?! Or maybe even call corporate and see waht they say?
They are a NJ corp, right? I think they are better than NY, my BFF lives in Jersey
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| Posted 10/20/08 2:35 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: This is a ways away but...
Posted by KateDevine
Posted by Princessmaris
Posted by Summerrluvv
Posted by MrsS2005
Posted by Princessmaris
link
See this leads me to believe we are covered....
If there are 50 or more employees within a 75 mile radius, you're covered under FMLA. Otherwise, you don't have the job protection that FMLA offers. That doesn't necessarily mean that you'd be out of a job if you're not protected under FMLA.
I think she is clear on that part. It's the fact that her employer doesn't employ 50 or more people, but is part of a franchise that does. That's the question.
exactly!!
Corp does have a say in our finance, and do set alot of our rules... So that why Im lead to believe this link my work in my favor????
Marissa, I'd think you are ok with it. Has anyone had a baby before there that you can ask?! Or maybe even call corporate and see waht they say?
They are a NJ corp, right? I think they are better than NY, my BFF lives in Jersey
Im prob better off calling FMLA. The people from corp are not going to be too helpful...
The Corp office is in NJ, but we do have a corp school on LI.
Ill be the first here to have a baby...
Here I was worried about my "promotion" being given to someone else, and what I should really be worried about it whether or not Ill have a job to comeback to at all
Message edited 10/20/2008 2:45:20 PM.
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| Posted 10/20/08 2:44 PM |
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MrsRbk
<3 <3 <3 <3
Member since 1/06 19197 total posts
Name:
Michelle
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Re: This is a ways away but...
Can you call and find out for sure? They must have an HR number you can call.
Message edited 10/20/2008 2:48:55 PM.
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| Posted 10/20/08 2:47 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: This is a ways away but...
Posted by MrsRbk
Can you call and find out for sure? They must have an HR number you can call.
I am everything...
HR, benefits, curriculum...
I wear every hat here...
I guess my best bet would be to call FMLA directly and hope for the best.
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| Posted 10/20/08 2:54 PM |
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MrsRbk
<3 <3 <3 <3
Member since 1/06 19197 total posts
Name:
Michelle
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Re: This is a ways away but...
Posted by Princessmaris
Posted by MrsRbk
Can you call and find out for sure? They must have an HR number you can call.
I am everything...
HR, benefits, curriculum...
I wear every hat here...
I guess my best bet would be to call FMLA directly and hope for the best.
There is no central HR area in Corp? I'm not sure by just calling FMLA you'll get the right answer (although I'm no expert). They wouldn't know what your companies policy is on it. Just a suggestion.
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| Posted 10/20/08 2:56 PM |
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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Re: This is a ways away but...
Posted by MrsRbk
Posted by Princessmaris
Posted by MrsRbk
Can you call and find out for sure? They must have an HR number you can call.
I am everything...
HR, benefits, curriculum...
I wear every hat here...
I guess my best bet would be to call FMLA directly and hope for the best.
There is no central HR area in Corp? I'm not sure by just calling FMLA you'll get the right answer (although I'm no expert). They wouldn't know what your companies policy is on it. Just a suggestion.
I do not know of an HR person in the corp office, or if they would even help me- since I dont work for them directly...
Again though- the corp office is not filled with the brightest crayons if you KWIM- so Im really not sure I would put any faith in anything they told me anyway.
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| Posted 10/20/08 2:58 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: This is a ways away but...
Posted by Princessmaris
Posted by MrsRbk
Can you call and find out for sure? They must have an HR number you can call.
I am everything...
HR, benefits, curriculum...
I wear every hat here...
I guess my best bet would be to call FMLA directly and hope for the best.
Call the Department of Labor and see if someone can answer your question about whether you work for a covered employer.
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| Posted 10/20/08 3:43 PM |
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