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clwp
Love my girls!
Member since 10/06 2114 total posts
Name:
mommy
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Bizaare twist on Maternity leave...
So I was all set to have my last day as next friday and take 3 vacation days prior to my induction date and start my leave as the day of the induction to maximize my time with  .
So after MONTHS of going back and forth with HR at my company (I'm not based out of an office so everything is email or phone) I finally speak to someone live on the phone. She tells me NOT to take my vacation days as in order to qualify for disability I must be working prior to the days I start disability... she also says that there is a 7 day window/grace period if you will that she says I should take or else I can jeopardize being paid appropriately for my leave. In a way it's a Godsend since I feel like death lately and could probably spend the rest of my days with my feet up rather than all over the place. In another way, I'm not happy that this means that I will lose a week with b/c I'm starting leave a few days early.
My OB thought this whole thing was very bizaare as does my manager (not affiliated with the company that pays my check - it's a contract that I work off of). Apparently my company uses a private company for disability insurance rather than state disability, so they can basically do whatever they want within limits of course.
Anyone else hear of such a thing? The woman said that being a high risk PG and being that I'll be induced they want a doctors note and I should start the leave 7 days prior to my induction date (I won't see my doctor till Tuesday afternoon so it will have to be 6 days - but who says the baby will be born as soon as I'm induced anyway). This is so odd to me. I thought the 12 weeks was to spend time with your newborn... more and more it sounds like it's strictly a medical condition thing and once they feel you should be feeling better - back to work you go. Craziness! I still don't really understand it all - but again, I'll take the opportunity for some R&R before the baby comes.
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Posted 4/15/08 9:24 PM  |
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taxbaby08
LIF Infant
Member since 3/08 70 total posts
Name:
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Re: Bizaare twist on Maternity leave...
All STD policies private or state requires 7 days of sick leave before STD disability kicks in. This goes for pregnancy or ANY other disability. The standard 12 weeks from FMLA (Family MEDICAL Leave Act) is based on Medical reasons only, it is not time given to spend with your newborn. It basically just guarantees that you will still have a job after being out for 12 weeks. Any Maternity Leave (paid or unpaid) that your JOB provides is the time the company is giving you to spend time with your newborn.
However you don't have to take your vacation concurrently with the 12 weeks. You should be able to use your vacation days at the end of the 12 weeks.
Also, even though your job has private STD you are still entitled to NYS disability too, although that is only $175/week.
ETA:
This thread from 06 explains it in detail
More info
Message edited 4/15/2008 11:33:10 PM.
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| Posted 4/15/08 11:22 PM |
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CouponKT
Our family is complete
Member since 6/06 16494 total posts
Name:
K
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Re: Bizaare twist on Maternity leave...
See if youcan get your doctor to "write you a note" to have you "on bedrest" or such a few days prior to your due date. That way Disability can still be kicked in.
But, if you DO take those days prior, you have to label them as SICK days, not Vacation days - that might be one technicality
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| Posted 4/16/08 9:10 AM |
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1stimemom
Love my boys
Member since 2/08 8766 total posts
Name:
Mrs Dee
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Re: Bizaare twist on Maternity leave...
I went through this excact crap with my HR dept yesterday. It makes me want to  
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| Posted 4/16/08 9:32 AM |
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jambalady
Is it summer yet?
Member since 8/06 7392 total posts
Name:
Holly
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Re: Bizaare twist on Maternity leave...
My company also requires that you take 7 sick days before maternity leave kicks in, bit what I don't understand is why the 7 days have to be prior to the day you want to leave.
Can't they start the 7 day count from the day you want to stop working, consider those the sick days and then start disability?
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| Posted 4/16/08 9:42 AM |
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taxbaby08
LIF Infant
Member since 3/08 70 total posts
Name:
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Re: Bizaare twist on Maternity leave...
Posted by jambalady
My company also requires that you take 7 sick days before maternity leave kicks in, bit what I don't understand is why the 7 days have to be prior to the day you want to leave.
Can't they start the 7 day count from the day you want to stop working, consider those the sick days and then start disability?
It shouldn't have to be that way. What if you just go into labor one day (earlier than you planned to be out)? Those 1st 7 days should be counted as sick & then the disability shoud kick in. it should be different if you have a set date in mind for induction or c-section. but I guess every company is different when it comes to their private policies. I have not gone over this with my HR dept yet as I am only 6 weeks.
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| Posted 4/16/08 10:10 AM |
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jambalady
Is it summer yet?
Member since 8/06 7392 total posts
Name:
Holly
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Re: Bizaare twist on Maternity leave...
Posted by taxbaby08
It shouldn't have to be that way. What if you just go into labor one day (earlier than you planned to be out)? Those 1st 7 days should be counted as sick & then the disability shoud kick in. it should be different if you have a set date in mind for induction or c-section. but I guess every company is different when it comes to their private policies. I have not gone over this with my HR dept yet as I am only 6 weeks.
That's what I meant, the first day she was out, whether it be by choice or if she went into labor, would trigger the start of the 7 sick days and then disabiliy would kick in.
I just meant it didn't make sense for the OP's company to force her to stop working 7 days prior to her induction date and use those as the sick days if she felt she could work up to the day of.
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| Posted 4/16/08 10:15 AM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Bizaare twist on Maternity leave...
Posted by taxbaby08
The standard 12 weeks from FMLA (Family MEDICAL Leave Act) is based on Medical reasons only, it is not time given to spend with your newborn.
However you don't have to take your vacation concurrently with the 12 weeks. You should be able to use your vacation days at the end of the 12 weeks.
This is not true. FMLA can be taken for medical reasons or to care for a newborn.
Under FMLA, an employer has the right to require you to substitute accrued paid leave (vacation days) for unpaid FMLA leave. This means that your vacation days would run concurrently with any unpaid FMLA leave. Your employer must notify you of this requirement though.
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| Posted 4/16/08 10:48 AM |
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taxbaby08
LIF Infant
Member since 3/08 70 total posts
Name:
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Re: Bizaare twist on Maternity leave...
Posted by MrsS2005
Posted by taxbaby08
The standard 12 weeks from FMLA (Family MEDICAL Leave Act) is based on Medical reasons only, it is not time given to spend with your newborn.
However you don't have to take your vacation concurrently with the 12 weeks. You should be able to use your vacation days at the end of the 12 weeks.
This is not true. FMLA can be taken for medical reasons or to care for a newborn.
Under FMLA, an employer has the right to require you to substitute accrued paid leave (vacation days) for unpaid FMLA leave. This means that your vacation days would run concurrently with any unpaid FMLA leave. Your employer must notify you of this requirement though.
Yes, you are correct. My mistake.
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| Posted 4/16/08 12:31 PM |
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clwp
Love my girls!
Member since 10/06 2114 total posts
Name:
mommy
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Re: Bizaare twist on Maternity leave...
Posted by jambalady
Posted by taxbaby08
It shouldn't have to be that way. What if you just go into labor one day (earlier than you planned to be out)? Those 1st 7 days should be counted as sick & then the disability shoud kick in. it should be different if you have a set date in mind for induction or c-section. but I guess every company is different when it comes to their private policies. I have not gone over this with my HR dept yet as I am only 6 weeks.
That's what I meant, the first day she was out, whether it be by choice or if she went into labor, would trigger the start of the 7 sick days and then disabiliy would kick in.
I just meant it didn't make sense for the OP's company to force her to stop working 7 days prior to her induction date and use those as the sick days if she felt she could work up to the day of.
I called again today and she insists that I should be going out 7 days prior to ensure I get paid for the full 6 weeks... she said otherwise I get paid for 5... I'm not sure what to believe anymore, but on the other hand I'm so tired, I hardly sleep at night I drive and stand all day long... it may be a blessing in disguise. I can take a few vaca days at the end to be with DC longer. I spoke to my direct manager today, he made me feel a little better and said the only thing I should be thinking about right now is having my baby. I even tried talking to him about extending the time when I come back... he told me not even to worry about that right now... we can talk about it at that point. I'm very lucky he's very cool.
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| Posted 4/16/08 9:49 PM |
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Kelly9904
Mommy to 2 amazing little boys
Member since 5/05 9306 total posts
Name:
Kelly
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Re: Bizaare twist on Maternity leave...
personally I think you will only get paid for 5 regardless.
I was told from my HR dept that I got 8 weeks disability (c-section) but that the first week was "on me" as the paperwork got taken care of. So to get paid for week #1, I used vac time. Then I got paid for the next 7 then the other 5 were on me as there was not disability to be paid.
My understanding as well is that your disability cannot start until either the day baby is born or you get a drs note. But either way its limited in time to either 6 or 8 weeks (payment is -1 week)
Godo luck!
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| Posted 4/16/08 11:00 PM |
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justthe4ofus
I hate hypocrites!!!!!
Member since 5/05 6905 total posts
Name:
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Re: Bizaare twist on Maternity leave...
If you are refering to FMLA time too than I too was told something strange, that I wasn't with my first. I went out as of this week. I was told that my FMLA started now even though I have not had the baby yet. I thought I would just be using sick time until then but it was running along with FMLA.
Does this sound like what you mean or is it just too late and I am not understanding you?
According to an employment lawyer that I know it's legal sadly.
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| Posted 4/17/08 12:16 AM |
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JP826
=)
Member since 9/06 10903 total posts
Name:
Me!! All about ME!
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Re: Bizaare twist on Maternity leave...
Posted by 1stimemom
I went through this excact crap with my HR dept yesterday. It makes me want to
OMG.. ME TOO!!!!!!!!!!! I have 3 weeks of vacation I haven't taken yet - I wanted to take 2 weeks prior to my EDD & then have my Maternity leave kick in as of my edd- They told me I couldn't do it!
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| Posted 4/17/08 8:53 AM |
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