Maternity Leave Help

So before I was hospitalized my original plan was to make my last day May 22nd but now my OB wants to put me on a short term disability due to my pre-term labor.

Although my OB and I haven't discussed an actual date as of yet the nurse in her office who is filling out my FMLA paperwork gave me a call today and said she needs disability paperwork in addition to the FMLA papers I had given her.

So I called my contact in HR and said I need the disablity paperwork she said my insurance company needs an exact date I plan on making my last before they send it out. With that she explained that FMLA guarentees your job (which I knew) up to 90 days. 6 weeks paid for natural birth and 8 weeks paid for a c-section.

What I did not know is that I can not go on short term disability before my FMLA kicks in. She basically explained that if I do go on STD it will take away from my FMLA time as if they are all in one leave, not seperate.

Is this true? I was under the assumption that short term disablity was seperate from FMLA

I don't care about any unpaid time so what I would like to do is go on short term disability (which again, I thought was seperate from FMLA all together) 3 weeks prior to my due date (06/08) than have my maternity leave kick in once the baby is born and use the remaining 6 weeks of unpaid time FMLA offers.

From what I understand this can not happen. Is this true and based upon what I explained, exactly how would it work?

Message edited 4/22/2008 5:56:25 PM.

Re: Maternity Leave Help

I'm not sure of all the different names of the leaves so I hope this helps you.

With my first pregnancy, I was put on disability 4 months before I was due. I collected disability the whole time, and after I gave birth I still got my 6 weeks of the family leave.

Re: Maternity Leave Help

FMLA and disability run at the same time. You can go out on disability as early as your doctor signs you out. That starts the FMLA 12 week clock as well. You are entitled to 6 or 8 weeks (vagional vs. c-section) of disability after the baby is born. You may or may not run out of FMLA time while you are still on leave.

You can not be fired during your 6 or 8 weeks of pregnancy. (Pregnancy Discrimination Act of 1978)

Let me know if this is not clear. This is part of my job and something I work with every day.

Re: Maternity Leave Help

btw: FMLA is not 90 days. It's 12 weeks which works out to 84 days.

I can FM the link to the state disability paperwork if you'd like.

Re: Maternity Leave Help

Re: Maternity Leave Help

So basically whatever time I take from disability takes away from FMLA as well.

Yes, FMLA and disability will be one and the same for the time you are out.

Instead of unpaid time outside the 6 or 8 week window it will be paid leave and I will be guaranteed my job regardless due to the disability time.

FMLA is unpaid, and Short term disability (STD) will be paid according to your companies policy. I'm hearing more and more that people do not have coverage outside of the NYS benefit which is $34/day or $170/week. You'll need to check with your HR folks about what you can expect to be paid. But it is illegal for a company to fire someone simply because she is pregnant or on pregnancy related leave. After your 12 weeks of FMLA or 6/8 weeks of STD which ever is later your job will no longer be protected.

Re: Maternity Leave Help

Ok, I really appreciate the explanation...makes complete sense now.

I have to speak with my OB and see if she can take me out of work as of May 16th this way I will get paid for short term disability which won't take away from my vacation and sick days. Then have my maternity kick in once the baby is born and being I am still within the 90 days I will have a total of 9 weeks with the baby. If I have a vaginal birth 6 out of the 9 weeks will be paid, if it's a c-section 8 weeks out of the 9 will be paid.

Re: Maternity Leave Help

FMLA begins on your first day out of work due to your medical condition. You are allowed a total of 12 weeks under FMLA, therefore if you go out prior to the birth of your baby, that time will be deducted from the allowed 12 weeks.

For example, if you go out 3 weeks prior to the birth then you will have 9 weeks remaining. If your company doesn't allow you to extend your leave by using vacation/personal/sick time, then you will be expected to return 9 weeks after the birth.

Disability will pay you anytime before the birth (as long as you are disabled) and up to 6 weeks for a vaginal birth or 8 weeks for a c-section.

Once you hit the 12 weeks, your FMLA leave ends and most companies expect you to return to work. In my companym if your FMLA ends prior to the 6-8 weeks of disability, once your disability claim closes that is when you are epecteded to return to work.

You may want to speak with your local HR person about your situation and find out your company's policy

Re: Maternity Leave Help

It's really a shame that this process isn't easier. I'm going through it myself right now. I was planning on taking a few vaca days prior to my induction and was told that I must be working prior to the start of my disability - but there's some 7 day waiting period - so I have to go out 7 days before my induction date or else I lose a weeks pay or some nonsense like that.

Also, one word of advice - ask HR about the disability policy. My company uses a private company rather than state disability and the company pays 6 weeks REGARDLESS of type of delivery unless the doctor submits some additional documentation or something like that. I hope it all goes smooth and I bounce back fast b/c I don't want to deal with any of this anymore. The 12 weeks start though as soon as I go out - including this stupid 7 day waiting period. I'm trying to look at it as I get to get off my feet already.