FMLA and Maternity - from the HR Rep's standpoint

[Guest guest]

FMLA is a federal law that protects employees who have a serious

medical condition or have to care for someone else who does. It

protects you from losing your job for up to 12 weeks, if you

qualify. If your company has short term disability, the short term

disability may run concurrent with the FMLA time, but that depends

on the state you live in. For instance, New Jersey has a separate

maternity leave law that allows for FMLA to start after State

Disability has run out, and also, the NJ state disability laws may

allow an expectant mother to go out on disability 4 weeks prior to

the due date, instead of working right up to the day. It is not

illegal for a corporation to have STD run at the same time as FMLA,

unles the state laws dictate. Also, your company can require you to

use your vacation time up before you go to unpaid status. As far as

qualifying for FMLA for the birth or adoption of a child

goes, " bonding with the child " qualifies for FMLA, which is not a

medical necessity.

Other things to look into: State Disability, such as in NY and NJ.

Also look into Maternity leave in your state, because although you

may not qualify for FMLA, you may qualify for a Maternity Leave Law

in the State you live in. For instance, FMLA usually requires that

you work for a company for one full year, and accrued 1250 hours,

and have a certain amount of employees in the same company within a

75 mile radius. In Massachusetts, you need only work for 90 days

for a company, no minimum hours, and you qualify for 8 weeks of

leave, in which your employer may not require you to use your

vacation time before you go into an unpaid status.

Also, many teaching positions allow for a full year of leave...lucky

teachers...

Check out the U.S. Department of Labor for more information, and

also for a FMLA Certificate of Healthcare Provider. This is your

documentation from your doctor for your leave.

Hope this helps!!!

in MA

Due with 9/22/04

Mommy to Caleb 11/27/00

323/155/190 with baby (ugh)

Go Yankees!

[Guest guest]

>

> Also, many teaching positions allow for a full year of

leave...lucky

> teachers...

I am a teacher and that is NOT the case with me. I get 6 - 8 weeks

STD but before the STD kicks in I have to use up ALL of my paid sick

time. Since I will be having this baby shortly after the school year

starts I will have 10 days of sick time which means the first 2 weeks

of STD does not really count and i get riped off of any sick time for

the rest of the year! If I had this at the end of the year after i

used all of my sick time up then i would still get the 6 weeks or 8

with a c-section. I can take another 6 weeks off with out loosing my

job but it will be unpaid and I cannot come close to affording that.

I want one of thes positions where I could take 1 year off! - Diane

[Guest guest]

In a message dated 6/29/04 5:33:19 AM Pacific Daylight Time,

njmwilliams@... writes:

> Also, many teaching positions allow for a full year of leave...lucky

> teachers...

>

I requested a full year of leave from my teaching position. Unfortunately,

since my school district CANNOT find a certified teacher to take my place while

I'm gone, I won't be able to take off the whole school year. I don't have

very much leave saved up, thanks to my weight loss surgery three years ago, so

therefore, I am only going to be able to take the twelve weeks under the FMLA.

They can hire a long term substitute who is not certified for a few weeks,

but not the whole school year. I could always resign, and I'm sure I

could find another position in another district, but it's hard to leave one of

the best districts in the state. Therefore, I'm just going to enjoy the twelve

weeks that I will have with my baby and hope for the best after she's in

daycare.

Mommy to Duel 5/28/97, Caitlin 1/13/99, and Baby Girl 10/11ish/04

12/11/01 RNY -137