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Another Mat Leave Question - FMLA and Benefits
So I've been doing some research and I know that FMLA runs concurrent to any STD, but if an employee decides not to return to work after FMLA runs out, they could be asked to pay back any benefits they company paid out while the employee was on leave. If the employee is not on the company's benefits program, then they are not liable for anything? I'm just curious, I don't want to decide at the last minute what I'm going to do and then have them come back to me and say "You owe us X amount of money"  Is there anything else they can hold you accountable for?
Also, what happens if someone is out early due to a pregnancy related condition and they are not protected under FMLA anymore and lose their job, can they collect unemployment? I'm sure that's not a possibility but I wasn't sure.
Thanks for any info!
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Posted 4/9/09 10:22 AM  |
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Re: Another Mat Leave Question - FMLA and Benefits
Posted by AcquiredTheBGene
So I've been doing some research and I know that FMLA runs concurrent to any STD, but if an employee decides not to return to work after FMLA runs out, they could be asked to pay back any benefits they company paid out while the employee was on leave. If the employee is not on the company's benefits program, then they are not liable for anything? I'm just curious, I don't want to decide at the last minute what I'm going to do and then have them come back to me and say "You owe us X amount of money" Is there anything else they can hold you accountable for?
Also, what happens if someone is out early due to a pregnancy related condition and they are not protected under FMLA anymore and lose their job, can they collect unemployment? I'm sure that's not a possibility but I wasn't sure.
Thanks for any info!
I'm not 100% sure about the benefits as I believe that is the company's decision.
As far as being out early, most companies have a policy where if you miss 3+ days in a row then you must have FMLA. The good thing about FMLA is that you can use it intermittently. So if you are having complications for a few days or a whole week and then feel fine the next week then you can go back to work and the time that you spent out is subtracted from the 12 weeks total. I hope that makes sense, if not just FM me 
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| Posted 4/9/09 10:34 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Another Mat Leave Question - FMLA and Benefits
have you contacted your benefits dept?
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| Posted 4/9/09 10:38 AM |
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sleepie76
enjoying every minute
Member since 12/07 3881 total posts
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Re: Another Mat Leave Question - FMLA and Benefits
I believe if you go out earlier than expected, your FMLA starts at that point and runs the 12 weeks.
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| Posted 4/9/09 10:41 AM |
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Re: Another Mat Leave Question - FMLA and Benefits
Posted by NextStopBabytown
I'm not 100% sure about the benefits as I believe that is the company's decision.
As far as being out early, most companies have a policy where if you miss 3+ days in a row then you must have FMLA. The good thing about FMLA is that you can use it intermittently. So if you are having complications for a few days or a whole week and then feel fine the next week then you can go back to work and the time that you spent out is subtracted from the 12 weeks total. I hope that makes sense, if not just FM me
I do know about FMLA and taking it intermittently but my doctor has me out indefinitely at the moment due to low fluid, so as of right now, it looks like I'll be out until I deliver unless I get cleared to go back to work. I know if that happens, I'll be burning through the FMLA time period and practically have zero time when the baby is here. 
Posted by Blu-ize
have you contacted your benefits dept?
Do you mean HR? I contacted them in the beginning but I just got all my FMLA/STD stuff in the mail yesterday so I need to call HR and find out the specifics in regards to my company.
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| Posted 4/9/09 10:42 AM |
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Re: Another Mat Leave Question - FMLA and Benefits
Posted by sleepie76
I believe if you go out earlier than expected, your FMLA starts at that point and runs the 12 weeks.
Yes, if I stay out until I deliver, my return to work date is only 4 weeks after my due date, otherwise I run the risk of losing my job.  I should call my HR department and find out the specifics.
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| Posted 4/9/09 10:45 AM |
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asecretmommytobe09
My little pumpkin is here!!!!
Member since 10/08 3369 total posts
Name:
Katie
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Re: Another Mat Leave Question - FMLA and Benefits
i have been out of work since i have been 17 weeks. My FMLA runs out the end of this month. Then i am on Non FMLA time. But was labeled as disabled by the state due to my condition, and i get disability until 8 weeks after my DS is born. FMLA protects your job for 12 weeks, however once i am able to return to work they have to give me a position back im an RN so i might have to work nights alittle when i go back, but this is b/c i am considered disabled. FMLA covers all family leave no just pregnancy, to be eligable you have to have worked 1250 hours the previous year, and FMLA is based on calendar year, if you were out lets see for another fml reason then that time is deducted. FMLA starts the day your out of work.
Message edited 4/9/2009 10:59:23 AM.
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| Posted 4/9/09 10:48 AM |
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Re: Another Mat Leave Question - FMLA and Benefits
It sounds like you are going to go through your 12wks FMLA before the baby is born and you may want to explore your disability rights for your state. I know that here in CT it is different than NY so I don't want to give any misinformation. Best of luck 
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| Posted 4/9/09 10:52 AM |
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