Can someone help me please with FMLA and Disability.

Can someone help with my confusion? I admit I know nothing about this stuff.

I gave birth in Nov. and had a little over 7 weeks of time saved up so I was not entitled to disability bec. disability would pay 6 weeks since I had a vaginal delivery but that was covered by my vacation time. My job said that they had to file anyway. My doc. filled out the original paperwork saying I could go back after 6 weeks.

I also filled out FMLA paperwork and want to take the full 12 weeks. From what I understand I can take 12 weeks for the birth of a child and I don't need a medical reason otherwise. Is this true?

Disability sent another form for my doc to fill out and she put my return to work date is in Feb at the 12 week mark. My job also asked for a Dr's note for their records saying my return to work date is in Feb. OK no problem.

Now my work is saying I need to call disability bec. they are closing my case as of Mon.

My questions:
Do I need a medical reason other than a birth to take the full 12 weeks under FMLA?

Shouldn't the case be closed with disability since I'm not entitled to anything from them? Do they need to keep the case open the whole time I'm out?

Should I tell my job it's fine if they close the case?

Re: Can someone help me please with FMLA and Disability.

Does your company offer long term disability?
I wouldn't speak with your company, but speak with the insurance company they go through for disability.
In my case it was Cigna so I did everything through them and let them know I was taking the 12 weeks.

I'm also in NJ and got approved for the extending "bonding" time, but that's only if you're in NJ

Re: Can someone help me please with FMLA and Disability.

Yes - you can take off 12 weeks of FMLA due to the birth of a child.

Your short-term disability claim will close prior to the end of your FMLA since it's only for 6 weeks. It sounds like your employer is collecting the $$ from disability on your behalf, even though you are using vacation time. Are you sure that you didn't have to use just a portion of your vacation towards your disability (we have a 5 day elimination period where you have to use 5 vacation days before disability kicks in).

Message edited 1/11/2012 1:33:46 PM.

Re: Can someone help me please with FMLA and Disability.

Re: Can someone help me please with FMLA and Disability.

Re: Can someone help me please with FMLA and Disability.

This is how it worked when i had DS in 09:

You are entitled to take the full 12 weeks. FMLA will cover you for family events lile birth, adopting a child, taking care of someone sick (I think), etc. there are lot s of inclusions under the FMLA law. However, the 12 weeks is no pay. it just protects your job in that the company has to hold your spot open or give you a job with same salary when you return.

My company paid my full salary for the 1st 6 weeks of FMLA / Maternity because that was a benefit the offered. But as the hr woman said "we feel 6 weeks is enough time to bond with your baby."

So, I got a combination of NYS disability pay (shorterm) as you are entitled to 6 weeks for a vaginal delivery, I think it was $150 a week; my company paid my salary minus the $150 from NYS. So i would get a check every week mailed to me from NYS for 6 weeks and then my regular pay direct deposited every 2 weeks. So I didnt lose any salary those first 6 weeks.

After that 6 week mark I would not have been paid. But i had 4 weeks vacation saved so they apply that to the remaining 6 weeks. that carried me through the end of 09 and the last 2 weeks of leave I worked it out with my boss to use "personal time" and "worked from home" to get paid. (I was a manager and had "unlimted personal time" as part of my benefits. So i think he put a week of personal time and i had work at home access so I had started loggin in anyway from home my last week on leave.)

You should be entitled for the NYS disability short term stipend even though you have vacation time to pay your full salary. that doesn't sound right what your company is saying about not being able to get it.

and i believe Disability closes the case after they receive your return to work date. It doesn't mean anything negative. You are still eligible for the 12 week FMLA.

Re: Can someone help me please with FMLA and Disability.

Thanks for the responses. To answer your questions:

My company does offer long term disability but I'm in NY so I think I'm only entitled to 6 weeks unless there is a medical reason beyond that.

My company requires me to use all my time before disability kicks in. I got a letter from disability basically saying I'm not entitled to payment bec. my company is paying me for the 6 week period. They then proceeded to send me several checks at $0

Based on this there is no reason for me to contact disability right? Maybe my job thinks there is a medical reason for me to be out the 12 weeks since that's the return to work date my Dr. indicated?

Re: Can someone help me please with FMLA and Disability.

First off, your company cannot make you take accrued personal time before short-term disability, which it sounds like they are doing.

According to FMLA, personal time can be used for the 5-day waiting period before STD starts, to supplement STD that does not pay 100% and to continue pay after STD runs out. My old company tried to change the policy while I was pregnant to require that all accrued personal time be taken prior to any STD benefits. This is BS and it's against FMLA law, I will look for the link to the law.

It sounds to me like you employer is getting STD benefits for you even though you are using vacation time.

But to answer your original question- it sounds like insurance wants to speak with you because your dr. put that you would be returing at 12 weeks, when in fact you are really only disabled for the 6 weeks. So there is a disconnect. If you were truely dissabled for 12 weeks, then insurance would pay you during that time. Would you dr. say you are dissabled for the whole time? If so, maybe you can get insurance to pay you for the other weeks!