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Maternity Leave
I started my leave on August 11th. I planned on taking 10 weeks. My employer requires me to use any vacation, personal, and sick time before my disability kicks in. I have 4 1/2 weeks of my paid time i'm required to use before I get disability. My office manager notified me that after my 4 1/2 weeks I'll only get a 1 1/2 week disability for a total of 6 weeks that my employer is collecting my disability. Can they do this? By law don't I get 6 weeks disability for a vaginal delivery. So I figured I get 6 weeks disability plus my aquired time for a total of taking 10 weeks off. I'm allowed 12 weeks but I can't afford to take too much time unpaid especially if they're only giving me a week of my disability. I don't understand how they can take my disability.
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Posted 9/21/09 1:06 PM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
LuckySV
LIF Adult
Member since 10/05 4675 total posts
Name:
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Re: Maternity Leave
That doesn't make sense to me. I got 6 weeks for a v-delivery (paid at 50% so I used some sick/vacation time to a get 100% of my paycheck) then I took additional sick/vacation time to extend my ML.
Do you have an HR department you can contact? Or can you contact your company's disability insurance directly?
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| Posted 9/21/09 1:55 PM |
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Bridex100
Two Under Two Mommy
Member since 3/08 10420 total posts
Name:
Momx100
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Re: Maternity Leave
I don't know the laws but that doesn't sound fair at all!
You'd think you'd be able to use the 4.5 weeks of paid time off and then the 6 weeks of disability. I think you are entitled to 12 weeks FMLA (not necessarily paid).
I don't know if this is for everybody but disability only paid me for 5 weeks. For whatever reason, the first week was unpaid. My employer just paid the difference so I never looked into it.
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| Posted 9/21/09 2:00 PM |
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nov04libride
big brother <3
Member since 5/05 14672 total posts
Name:
Me
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Re: Maternity Leave
that makes sense to me--they have the vacation and disability running concurrently. you cant delay your 6 weeks disability and take it a month after delivering--the disability period immediately follows the delivery date.
it's definitely legal, though it stinks. i wasnt eligible for any disability b/c of the same situation and i had too many saved days.
Message edited 9/21/2009 2:26:43 PM.
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| Posted 9/21/09 2:22 PM |
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jerseypanda
Life is good.
Member since 1/07 9164 total posts
Name:
Amanda
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Re: Maternity Leave
Hmmm... I would look into it a little further. I know for me, I got a total of 6 weeks STD, but the first 5 days I had to use vacation time to get paid. Then I was paid by the state + my company for the last 5 weeks.
I'm not sure how they can force you to take your vacation time for almost all of your STD. 
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| Posted 9/21/09 2:28 PM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: Maternity Leave
Posted by jerseypanda
I'm not sure how they can force you to take your vacation time for almost all of your STD.
we actually don't have a disability policy at work but it is company policy that we take ALL accrued leave (except for comp time) during our 12 weeks FMLA. that obviously includes sick, personal and vacations days.
it stinks but it's totally legal.
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| Posted 9/21/09 2:32 PM |
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Alex110879
craziness
Member since 8/06 3762 total posts
Name:
Alexandria
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Re: Maternity Leave
the three times i went on disability my disability kicked in after 1 week whether i had acrued time or not.. i just ha dthe option to use my sick/vaca time to counteract the money difference... that was at two different places and i know the same deal happens everywhere else i have worked and where dh worked...
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| Posted 9/21/09 2:47 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Maternity Leave
Different companies have different policies regarding sick time/vacation/disabilty.
Most doctors consider you disabled for 6 weeks post V-birth or 8 weeks post C-birth. That 6 or 8 week clock starts from the day you give birth.
Pay, however is a different issue. Your company has a policy that you need to take your personal time off time before they will pay you for your disability time (you will get FULL pay if you are using your PTO, if not they can opt to pay your the state rate). After you've used up your personal time off, any remaining time left would be paid either from NYS at the current disability rate (up to $170/week, I believe) OR your employer can pay you your full rate, if they choose.
The above applies to NY State. If you're in CA - different laws apply.
In addition to your disability, following the birth of your child, you may take up to 12 weeks of unpaid leave to care for your child.
HTH
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| Posted 9/21/09 3:01 PM |
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MarisaK
HELLO Manolo !!
Member since 5/06 14562 total posts
Name:
Marisa
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Re: Maternity Leave
So if that's the case, why can't you JUST take the disability and save your Vaca/sick time?
Am I a jackass? Are you allowed to do that ?
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| Posted 9/21/09 5:12 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Maternity Leave
Posted by MarisaK
So if that's the case, why can't you JUST take the disability and save your Vaca/sick time?
Am I a jackass? Are you allowed to do that ?
Because her company requires that you take your sick time & vacation time first. An employer can make their own policy regarding personal time off use (as long as it's a consistent policy among workers & there is not discriminatory practices). If they let another pregnant co-worker save her sick & vacation time, then she'd have an argument.
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| Posted 9/21/09 5:23 PM |
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JennyOR99
LIF Infant
Member since 3/09 53 total posts
Name:
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Re: Maternity Leave
Message edited 10/20/2009 12:29:02 PM.
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| Posted 9/21/09 5:26 PM |
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