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My maternity leave...UPDATE

NIHA Posted:

My maternity leave...UPDATE

A while back I posted about when to tell my boss that I don't plan on returning to work, etc. Well, I just found out that I can take the paid short-term disability for 6 weeks (only $170 per week=$1020) and the FMLA unpaid leave and I will not have to pay back the disability if I decide not to return (which is what I thought was the case).

So, I'm going to just take the leave for the $1000 and job security in case I change my mind or something happens that I would have to come back to work. I don't have to give notice now, and I'm so relieved!! I will just plan on starting my leave sometime in the beginnin of June-depending on how I feel.

Thanks for letting me share!

I posted a new post about the update...
Claud2001 Posted:

Re: My maternity leave

Great news, Nina! I'm glad it's working out...I know how stressful it can be to figure out maternity leave issues, believe me!
michele31 Posted:

Re: My maternity leave

That is great news. I think you also get the NY State disability payments during your 6 weeks- no?

NIHA Posted:

Re: My maternity leave

Michele, the $170 per week is disability, not much at all, but for 6 weeks it's about $1000.

Claud2001 Posted:

Re: My maternity leave

Nina, Michele is right - there is a separate disability payment that you are entitled to from the state. (Good catch, Michele - you must be researching, huh?)

Anyway Nina, the STD payment that you mention should be provided as part of your medical insurance policy through your employer. The state disability is separate and your HR department or your disability coverage company should have provided you with the paperwork for both.

To use my experience as an example: during my STD leave (prior to the baby's birth), I received my FULL pay each week and this was payed out through Matrix Absence Management (which was the disability company that my employer chose to handle such claims). Once the baby was born, I was payed 80% of my regular pay through Matrix, and 20% of my regular pay from the state of California for six weeks - which of course equals my full pay. After the first six weeks, I started on FMLA, which was unpaid. Does that make sense?
NIHA Posted:

Re: My maternity leave

Claud, I don't have medical through my employer, I changed to DH's as soon as we were married, since mine was $100 per month out of my paycheck and his is paid for in full by his union and employer.

So, if I'm reading your post correctly, I think the only disability I qualify for is NYS. They are sending me the forms in the mail, so I'll see what happens.
Claud2001 Posted:

Re: My maternity leave

Nina, doesn't your husband's medical coverage include a long and short term disability/worker's comp type of coverage? You need to find out if that part of his coverage applies to you as his spouse, or just to him (as the employee). I was not on my hubby's insurance when I had my son, so I can't tell you how that would work. Definitely have your hubby look into this for you.

If not, then I guess you're right...NYS might be the only coverage you are entitled to.
Fran M Posted:

Re: My maternity leave

Nina - A note on NYS DBL - it starts once you become disabled. In other words if your Doctor certifies that you are unable to word due to your condition 4 weeks before your due date your NYS disability will start 4 weeks prior to your due date. NYS DBL then pays for 6 week with a V delivery or 8 weeks with a C section. If there are post delivery complications (hope not) it continues to pay.

NIHA Posted:

Re: My maternity leave

Fran, do mean that if I started my leave b/c of bedrest or something that I would get paid for that leave PLUS 6 or 8 weeks after delivery? So, it could be a total of 12 weeks if I had to be home 4 weeks before delivery and had a c-section?

Claud2001 Posted:

Re: My maternity leave

Yes, Nina - that's EXACTLY right...that's what I've been trying to tell you...that's what happened to me when I was PG.
NIHA Posted:

Re: My maternity leave

She gets it!! Duh!
The funniest thing is that I was emailing my HR rep with tons of questions, I just wasn't getting it then either! So, finally she said that when I receive the information on Family Medical Leave and Disability that we should make an appointment to to go over all the information. She must think I'm really stupid too! Can I blame it on pregnancy brain?

Well, this is good news, I may not have to work until the 'last minute'! Yay!
Claud2001 Posted:

Re: My maternity leave

Nina, you are so funny! YES, you can definitely blame this on 'pregnancy brain!' I too, had a very difficult time understanding this concept UNTIL my OB (of all people) explained it to me during one of my last visits (that was also when she recommended that I stop working a month early).

I am so glad it's starting to become clear now, b/c it's important that you plan accordingly.

And, IMPO, I think that the HR rep didn't describe your benefits in detail b/c the employers DON'T really want women to know that they DON'T have to work until the last possible moment! They'd rather have you behind your desk, than have to worry about getting someone to fill in for you. JMO.
michele31 Posted:

Re: My maternity leave

Actually I only know my company has the disability insurance because we have to chose whether we want to a)pay for it ourselves and then get 100% if we become disabled or b)pay $0 and get 80% if we become disabled. When I get pg I will start to pay it myself in hopes of being told to leave work a tad early. Honestly since I commute into NYC I am a bit nervous about going into labor at work so I hope that a doctor will let me go out at least 2 weeks early (or longer).

Becky Posted:

Re: My maternity leave

Nina, I don't know nothin' about birthin' no babies.

However, I do know a little about FMLA. You should definitely sit down with your HR rep and have her explain how FMLA can be utilized. Ask her to send you a letter confirming it, or send your own letter confirming what she told you. Not every employer falls within the FMLA statute, so some don't offer the 12 weeks. But they have to tell you. Also, employers have a choice as to whether the FMLA leave will be paid or unpaid and whether it runs consecutively or concurrently with some other leave offered by the employer. So they can give you 6 weeks paid STD PLUS 12 weeks of unpaid FMLA leave or they can count the first six weeks as part of the FMLA, so you will only have an additional 6 weeks after the STD. Unless NY has a law that I am unaware of, your employer is not under a legal obligation to give you more than 12 weeks.

It gets tricky because FMLA is a federal MINIMUM. Employers may, at their discretion, go above and beyond this minimum and if they tell you they give more time, then they are obligated to provide it.

NIHA Posted:

Re: My maternity leave

Okay, a little disappointment again... I just found out that the FMLA overlaps with my disability starting from the day I give birth. So, I'll get 6 weeks of $170/week of disability and 6 weeks of unpaid FMLA. I also have 3 weeks saved vacation, personal, and sick which will be fully paid. So, I have a total of 15 weeks that I can take. I thought that the FMLA of 12 weeks was not included in the disability, but it starts from the day I start receiving it. Oh well....

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