ugh beating a dead horse - FMLA

I am TWO weeks away from leave and my HR is still trying to figure this out. Perhaps you ladies can shed some light.

I plan to take 8-12 weeks. More than likely 10-12 so I know I will need to fill out FMLA paperwork. Since we are in Jan, I assume I will need to take my paid (personal and vacation time up front) which SUCKS as I will come back in April with NO time through the end of the year.

Now, what if I only take 10 weeks? Do I have to take my 4 weeks up front or can I take them on the back end? Reason being, if I only take 10 weeks off, I should only have to use 2 weeks paid - right? Since I am having a csection and am allowed 8 by NYS?

Can I opt NOT to sign FMLA paperwork now and sign it at 8 weeks if I want to take more time off and use my paid time then?

This also gets more complicated because I would like to collect short term disability through Colonial Life but cannot if I am being paid

Re: ugh beating a dead horse - FMLA

im not 100% certain, but from how my HR explained it to me (not that they seem to know what they are doing either)...
FMLA is job security. so you should sign off on that as soon as you start your leave so they cannot decide to fire you.
I was told with FMLA you have to use sick time first - but not vacation (you can choose when you want to use vacation time). then you can get the 8 week nys pay (or whatever your company offers) and then if you want to add vacation time at the end that is up to you

hope that helps...or maybe others can give me insight as well since my HR seems a little whacky too

Re: ugh beating a dead horse - FMLA

interesting about the vacation/personal time. I will have to look into that.

i was told today they are inquiring with our labor lawyer about how I have to use my time.

so frustrating but I know it will all work out. its just hard knowing I will come back with no time - and its harder to request days off when I have NO time to take. They cannot deny me my paid days until I have no paid days to take.

Re: ugh beating a dead horse - FMLA

I was told by my HR that I get paid out for all the time I have saved up to the day I start my leave. Like an upfront payment....then Disability kicks in the second week of my leave. It's like unemployment, there is a one week waiting period~

ugh beating a dead horse - FMLA

You do not have to use your vacation time, but you will need to use your sick time at the beginning of your leave. FMLA runs concurrent with any STD or state benefits that you will receive. It doesn't matter when you sign the paperwork, the FMLA coverage will start on the first day you aren't at work. All it does is protect you from losing your job during the 12wk period, nothing else. A company cannot force you to use your vacation time for anything. You will be eligble for STD for 8weeks minus any waiting period that your insurance may have...for example mine is a 30 day waiting period so I will only get STD payments for the last 4 weeks. You will be eligible for benefits from NYS (which is crap like $117 a week last time as I remember) and you will get that payment for 8 weeks. Once your STD payments kick in they will just take out what you get from the state. I hope that makes sense...i'm in HR so you an always PM me on FB if you need more help

Re: ugh beating a dead horse - FMLA

Posted by jennarose023

You do not have to use your vacation time, but you will need to use your sick time at the beginning of your leave. FMLA runs concurrent with any STD or state benefits that you will receive. It doesn't matter when you sign the paperwork, the FMLA coverage will start on the first day you aren't at work. All it does is protect you from losing your job during the 12wk period, nothing else. A company cannot force you to use your vacation time for anything. You will be eligble for STD for 8weeks minus any waiting period that your insurance may have...for example mine is a 30 day waiting period so I will only get STD payments for the last 4 weeks. You will be eligible for benefits from NYS (which is crap like $117 a week last time as I remember) and you will get that payment for 8 weeks. Once your STD payments kick in they will just take out what you get from the state. I hope that makes sense...i'm in HR so you an always PM me on FB if you need more help

ugh beating a dead horse - FMLA

Ok...did some research....each company can have it's own policy on using vacation time, FMLA does allow for them to require you to take vacation time concurrent with FMLA leave:

The FMLA allows employers to require employees to take vacation time concurrently with FMLA leave. This means that FMLA-eligible employees often receive some form of pay during FMLA leave. Because FLMA leave is unpaid, accrued vacation pay often comes in handy. Although it might be more to an employee's liking to be able to take 12 weeks of FMLA leave and vacation time separately, employers don't have to allow this, as it reduces the workforce for a longer period of time.

:( so it's really up to your company...sorry i forgot about that

Re: ugh beating a dead horse - FMLA

Unfortunately, you really can't go by any else's explanation since every company works differently. If your company requires you to use sick and/or vacation days, then you will have to. Many companies keep it completely separate so FMLA will not affect your vacation time. Same goes for how many weeks you get and whether your company pays you, in addition to your STD.

Re: ugh beating a dead horse - FMLA

ok thanks all i will just go with the flow. i just wish they would get back to me

ugh beating a dead horse - FMLA

Crashing!

It's hard since each company is different.

Our policy is:

First 5 days - your own personal time

Next 5 weeks (regardless of v-birth or c-section) - short term disability - our company offers short term disability as a benefit and we also collect NY state disability (which is deducted from the amount that the company policy offers)

Up to next 6 weeks - You start with personal time that's been accrued. You can sign a form opting to use unaccrued time for the calendar year as well or take the remaining time unpaid. You can't limit the amount of unaccrued time used though and you accrue while you are out on leave as well.

Good luck - I hope they get back to you soon - and I hope the person can explain it correctly and understands what you are asking. I wanted to punch both of my coordinators each time because they didn't understand my questions.

Message edited 1/2/2013 4:13:34 PM.

Re: ugh beating a dead horse - FMLA