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Crashing with Maternity leave question

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MsSissy
xoxoxo

Member since 3/07

39159 total posts

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Crashing with Maternity leave question

Is everyone entitled to 6 weeks leave when they have a baby? Is this the law in NY State?

Posted 10/11/09 7:57 PM
 
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conigs25
So in love with this kid!

Member since 5/06

11197 total posts

Name:
Michele

Re: Crashing with Maternity leave question

FMLA is 12 wks but each employer has their own way of how they pay you/deduct sick days etc

Posted 10/11/09 8:33 PM
 

lorich
.

Member since 6/05

9987 total posts

Name:
Grammie says "Lora Gina"

Re: Crashing with Maternity leave question

Posted by Mssissy

Is everyone entitled to 6 weeks leave when they have a baby? Is this the law in NY State?



This isn't really maternity leave - it's NYS Disability. 6 wks if you deliver vaginally, 8 wks for c-section. I believe you need to be a US citizen in order to be entitled to these benefits. (My co-worker is also PG & she told me she wasn't eligible because of that.)

FMLA is not available to everyone. I'm not eligible because my company has less than 50 employees.

Posted 10/11/09 8:37 PM
 

MsSissy
xoxoxo

Member since 3/07

39159 total posts

Name:

Re: Crashing with Maternity leave question

Posted by conigs25

FMLA is 12 wks but each employer has their own way of how they pay you/deduct sick days etc




I thought FMLA was something seperate from Maternity Leave.
I honestly thought every woman was entitled to 6 weeks maternity leave after having a baby. I "thought" this was the law.

I was talking to a friend today who told me she does not get paid. I was shocked!

ETS: She is a legal citizen. So she should be entitled to 6 weeks disability?

Message edited 10/11/2009 8:42:48 PM.

Posted 10/11/09 8:41 PM
 

Domino
Always My Miracle

Member since 9/05

9924 total posts

Name:

Re: Crashing with Maternity leave question

Yes, at the minimum, you are entitled to get NYS Short Term Disability (works out to about $150 week) for six weeks for a vaginal birth and eight weeks for a cesearean where your job is protected. Anything above and beyond that is up to your employer and whether you qualify for FMLA.

Posted 10/11/09 8:50 PM
 

MsSissy
xoxoxo

Member since 3/07

39159 total posts

Name:

Re: Crashing with Maternity leave question

Posted by Domino

Yes, at the minimum, you are entitled to get NYS Short Term Disability (works out to about $150 week) for six weeks for a vaginal birth and eight weeks for a cesearean where your job is protected. Anything above and beyond that is up to your employer and whether you qualify for FMLA.



See...this is what I thought! A big whopping $150...but she's still entitled to it.
Thank you...I will have to talk to her again.

Posted 10/11/09 8:53 PM
 

ali120206
2 Boys

Member since 7/06

17795 total posts

Name:

Re: Crashing with Maternity leave question

I think it varies by employer - I have some friends who were able to take FMLA for 12 weeks but, were unable to take disability - they had to use sick time and vacation time and unpaid time (if need be).

Posted 10/11/09 9:11 PM
 

Lara&Aidansmommy
For mom i miss u ETC ILOVEU

Member since 3/07

13921 total posts

Name:
ETC I LOVE YOU

Re: Crashing with Maternity leave question

In my company I get 6 wks paid maternity leave I will be extending this another 6 weeks with the fmla which is UNPAID but i wil still have all my benefits

Posted 10/11/09 9:16 PM
 

MsSissy
xoxoxo

Member since 3/07

39159 total posts

Name:

Re: Crashing with Maternity leave question

Posted by ali120206

I think it varies by employer - I have some friends who were able to take FMLA for 12 weeks but, were unable to take disability - they had to use sick time and vacation time and unpaid time (if need be).



I think this is how she was explaining it to me. But it's the 1st time I ever heard of it.
That is CRAZY and NEEDS to be changed as does the dollar amountChat Icon

I honestly thought all these years that a woman was entitled to at least 6 weeks Chat Icon to spend with her child.
It's disgusting that some aren't even given thatChat Icon

Message edited 10/11/2009 9:19:27 PM.

Posted 10/11/09 9:17 PM
 

Peainapod
Peanuts are here!

Member since 1/09

13591 total posts

Name:
Diana

Re: Crashing with Maternity leave question

its the most confusing crap ever!
Im allowed 12 weeks FMLA. 6 of that my company pays you full salary...that is a combo between NYS disablity and the difference is made up through the company's short term disability, but it will be my full pay.
My company considers maternity to be a 6 week disability.

My short term disability policy at work says 9 weeks full salary 16 weeks additional at 60% salary continuation (which was what was confusing me b/c its very contradictory). However, b/c they consider maternity to be a 6 week disablity that is why im only paid for 6 weeks. I have to max out my vacation so i have 3 weeks saved making that 9 out of the 12 paid.

anything after that my dr. needs to go through the short term dis company and say that im disabled for whatever reason and try to get that approved. Otherwise those 3 weeks will go unpaid.

It sucks...it really does. I feel like im being punished for having a baby.

Posted 10/11/09 9:43 PM
 

jerseypanda
Life is good.

Member since 1/07

9164 total posts

Name:
Amanda

Re: Crashing with Maternity leave question

You might be able to qualify for Short Term Disability through the state, but I am not sure your company automatically recognizes it. For example, I believe that for my company you have to be with us for a year before you qualify for STD. I'm not positive that everyone can get the time off from their jobs.

Posted 10/11/09 9:46 PM
 

KateDevine
*

Member since 6/06

24950 total posts

Name:

Re: Crashing with Maternity leave question

Posted by conigs25

FMLA is 12 wks but each employer has their own way of how they pay you/deduct sick days etc




FMLA isn't just maternity related. And you have to have 50 employees and be employed a year to get it.

Yes, 6 weeks is the law. I do believe there are some stipulations and you get 8 for a c-section.

Posted 10/11/09 9:53 PM
 

alisha
LIF Adult

Member since 3/07

1199 total posts

Name:

Re: Crashing with Maternity leave question

Remember that NYDBL (NYS disability) only applies if you work in NY.

You receive 50% of your weekly earnings up to $170 a week. You have to have worked for your employer for at least 4 consecutive weeks to qualify.

Many companies will have NYDBL and FMLA run concurrently - so you get your 6 or 8 weeks of NYDBL and the remaining time via FMLA.

However FMLA only applies to large companies (over 50 employees I think in a 75 mile radius) and is unpaid. A company can be more generous but they don't have to be.

Maternity coverage in the U.S. blows. Unless you work for a good company you are essentially penalized for having children.

Message edited 10/12/2009 3:44:39 PM.

Posted 10/12/09 3:41 PM
 
 

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