Question about maternity leave/disability/vacation time/family leave act

I have a question about maternity leave.

I am not pregnant but a girl that I work with is and I was wondering if anyone could offer any insight into the process based on my company.

I work for a company that is less than 50 employees (I believe we have close to 30 employees total).

My friend is going to be giving birth in June. She said under NYS disability, she will get 6 weeks disability if she has a normal delivery and 8 weeks if she has a C-section.

My boss told her that before she can collect disability, she has to use her vacation time. She cannot save her vacation time. She gets 3 weeks total vacation. The girl I work with wanted to take off a week in December and now she is told she will not have the vacation time to do so because of this.

What this means is that when she has the baby, she will be home for 3 weeks with full pay, using all her vacation time, and then at the end of the 3 weeks, her NYS disability will kick in for either 6-8 weeks, depending on her delivery.

Then since we are under 50 employees, my boss said she didn't think my company had to participate in the family leave act, which would give her an additional 4 weeks at home with no pay and no disability.

Now, my question is this :

Is it true that you must use all your vacation time before you can collect NYS disability?

And is it true that my company does not have to participate in the family leave act since we are under 50 employees?

Thanks for any help!

Message edited 1/18/2007 1:36:10 PM.

Re: Question about maternity leave/disability/vacation time/family leave act

yep to both.

I dont qualify either for FMLA and it does exclude under 50 employyes....

And the company can make the determination to force you to use your vacation time before any NYS disability as Im finding out at my own job.

Why wouldnt she want to use her vacation? Im sure the pay is higher then NYS disability..which max's out at $170 a week.

Re: Question about maternity leave/disability/vacation time/family leave act

Re: Question about maternity leave/disability/vacation time/family leave act

Re: Question about maternity leave/disability/vacation time/family leave act

that's true however, is her short term disability NYS or private that she has paid into or her employer paid into.

If it's prviate she will get full pay for the time she is out.

Re: Question about maternity leave/disability/vacation time/family leave act

I live in NC but my job requires that I use one week of PTO before disability kicks in.

Re: Question about maternity leave/disability/vacation time/family leave act

Re: Question about maternity leave/disability/vacation time/family leave act

FMLA does not have to be offered.

However, if the company offers any other type of disabilty leave that should be offered.

NY requires that pregnancy be treated as any other disability.

Other factors to consider are: if this company has given a leave to any other person in the past for the birth or adoption of a child, a precedent has been set.

If no other employees were given a job secured leave and there is no policy in place to provide such a leave, your friend is not entitled to a job-secured leave.

Message edited 1/18/2007 1:44:22 PM.

Re: Question about maternity leave/disability/vacation time/family leave act

Re: Question about maternity leave/disability/vacation time/family leave act

Do you have an employee handbook that discusses Maternity or Disability Leave?

The STD is only for compensation replacement- it does not secure anyone's job or require that any type of leave be given.

I'm assuming that your company offers a leave, but is there anything in writing?

Re: Question about maternity leave/disability/vacation time/family leave act

The company is right on both.

Re: Question about maternity leave/disability/vacation time/family leave act

That's so unfair. Where do they get 50 employees as a cut-off. I hate laws like that. What about 48, 49...

Re: Question about maternity leave/disability/vacation time/family leave act

The only thing that I find odd is that by making her use her vacation time, it is prolonging her time out of the office. I would think the employer would want the employee back as soon as possible (I know in this case, we are going to suffer without this girl).

So I guess I just don't understand why they won't let her just take the disability and be back in 6 weeks.

Message edited 1/18/2007 2:07:42 PM.

Re: Question about maternity leave/disability/vacation time/family leave act

She should back herself by calling the department of labor and the equal employment opportunity commission just to follow up on exactly what she is entitled to...especially since she's going to be the first women at your company to go out on maternity leave and come back.

Re: Question about maternity leave/disability/vacation time/family leave act

I did not have to use vacation time first.

I took my 8 weeks disability (only getting paid for 7) then a few weeks without pay, THEN my 2 weeks vacation.

Message edited 1/18/2007 2:15:47 PM.