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dpli
Daylight savings :)
Member since 5/05 13973 total posts
Name:
D
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FYI about disability pay
I just got a check for disability. I was told by my workplace that I had to exhaust my sick time and then disability would kick in for the remaining time I would get for maternity leave according to FMLA. Even though I still had paid vacation time to use, they could submit my paperwork for disability. So I used up all the time and got a check for about 3 weeks worth of disability pay.
The FYI I wanted to share? I had sick and vacation time that I had to use up. If I had fully understood how this worked when I was pregnant, I would have used sick time every time I had a doctor appt. or just didn't feel up to going to work, NOT my vacation time. I would have ended up getting a little more $$ from disability.
I don't know if this would apply to many people here, but thought for some, it might be worth it to know.
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Posted 2/28/08 1:42 PM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: FYI about disability pay
it totally applies to me - thank you so much for posting!! it's so hard b/c you want to get paid as much as possible while you are out.
can i ask - are you still on ML? how long does it take to get the first disability check? it's still $175 a week, right?
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| Posted 2/28/08 1:45 PM |
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IrishMom77
Brothers!!
Member since 8/05 3498 total posts
Name:
Roseann
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Re: FYI about disability pay
At my job, you HAVE to use all your sick time. If you dont want to use your vacation time, you dont have to. I have to use 5 sick days, then my firm gives me 4 weeks of full pay. After that, I get short term disability (through my job - from Prudential at 70% pay) for a few weeks and then I get NYS as well. They run con currently. Then, I get 2 weeks parental leave. I can then either choose to not get paid after that or use my vacation time.
I had a conference call with my HR department 2 weeks ago to go over all of it
Message edited 2/28/2008 1:52:56 PM.
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| Posted 2/28/08 1:52 PM |
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Preguntas
it's pretty precious
Member since 1/07 3839 total posts
Name:
Lauren
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Re: FYI about disability pay
WHAT?!?!?!? That's rediculous that you need to use sick time before being paid for disability.
I am going to punch this 5 year old in the face right now I hate my office.
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| Posted 2/28/08 2:00 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: FYI about disability pay
Posted by Preguntas
WHAT?!?!?!? That's rediculous that you need to use sick time before being paid for disability.
An employer is not supposed to require an employee to use sick time before disability kicks in. If a person is covered under a temporary disability plan, this is considered paid leave. The FMLA regulations allowing an employer to require an employee to substitute accrued leave for unpaid leave is inapplicable.
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| Posted 2/28/08 2:50 PM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: FYI about disability pay
Posted by Preguntas
WHAT?!?!?!? That's rediculous that you need to use sick time before being paid for disability.
I am going to punch this 5 year old in the face right now I hate my office.
sorry..I just didn't expect reading the end of that after the first paragraph.
I pictured the scene from the movie with the female baseball players..."You're gonna loooosee" BAM right in the head.
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| Posted 2/28/08 2:52 PM |
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Preguntas
it's pretty precious
Member since 1/07 3839 total posts
Name:
Lauren
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Re: FYI about disability pay
Posted by MrsS2005
Posted by Preguntas
WHAT?!?!?!? That's rediculous that you need to use sick time before being paid for disability.
An employer is not supposed to require an employee to use sick time before disability kicks in. If a person is covered under a temporary disability plan, this is considered paid leave. The FMLA regulations allowing an employer to require an employee to substitute accrued leave for unpaid leave is inapplicable.
So much more eloquently stated.
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| Posted 2/28/08 2:59 PM |
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dpli
Daylight savings :)
Member since 5/05 13973 total posts
Name:
D
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Re: FYI about disability pay
Just to clarify, my situation is probably different. I have a government job and can accumulate an infinite # of sick days. We get a generous amount of time off and I can carry over all sick time that I don't use to the following year, every year. So, this is probably why this is the policy at my job. Still, I did eventually run out of sick time during the 8 week leave time for a c-section and I am pretty sure that if I used sick time exclusively for the days during my pregnancy, i would have gotten about another week's worth of disability at least.
I am still on leave, but am taking unpaid leave. Not sure yet when I am going back  I will have to check on the amount of my check and get back to you, but it took way too long to get my check because NYS claimed they didn't receive my paperwork. I had to call my HR person to check on what was going on 
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| Posted 2/28/08 3:22 PM |
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CherylWoops
momma's boy
Member since 10/07 1553 total posts
Name:
Cheryl
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Re: FYI about disability pay
Posted by Preguntas
WHAT?!?!?!? That's rediculous that you need to use sick time before being paid for disability.
Ridiculous indeed, but it is like that at my company too. Like say I have my 2 weeks vacation I have not used yet, I exhaust those when  arrives and then just get 4 weeks of disability, then 6 weeks unpaid. I thought that sounded fishy so I called BS, but HR said I was wrong. D1cks.
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| Posted 2/28/08 3:27 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: FYI about disability pay
Posted by CherylWoops
Posted by Preguntas
WHAT?!?!?!? That's rediculous that you need to use sick time before being paid for disability.
Ridiculous indeed, but it is like that at my company too. Like say I have my 2 weeks vacation I have not used yet, I exhaust those when arrives and then just get 4 weeks of disability, then 6 weeks unpaid. I thought that sounded fishy so I called BS, but HR said I was wrong. D1cks.
I think your HR department is wrong. They're not supposed to force you to exhaust paid leave first when you're otherwise covered under a temproary disability plan. You can always call the Department of Labor to verify.
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| Posted 2/28/08 5:03 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: FYI about disability pay
Posted by dpli
Just to clarify, my situation is probably different. I have a government job and can accumulate an infinite # of sick days. We get a generous amount of time off and I can carry over all sick time that I don't use to the following year, every year. So, this is probably why this is the policy at my job. Still, I did eventually run out of sick time during the 8 week leave time for a c-section and I am pretty sure that if I used sick time exclusively for the days during my pregnancy, i would have gotten about another week's worth of disability at least.
State and local government employers are subject ot FMLA so it really shouldn't make a difference.
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| Posted 2/28/08 5:37 PM |
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CherylWoops
momma's boy
Member since 10/07 1553 total posts
Name:
Cheryl
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Re: FYI about disability pay
Posted by MrsS2005
I think your HR department is wrong. They're not supposed to force you to exhaust paid leave first when you're otherwise covered under a temproary disability plan. You can always call the Department of Labor to verify.
Thanks!! I am still not finding any info on disability just yet, but the only thing I found on the Dept of Labor's website is that they can make you use your paid leave as part of your FMLA 12 weeks.
This is from the site (still looking for disability info)...
Q: Does the law guarantee paid time off?
No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins.
Booooooooo.
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| Posted 2/28/08 5:38 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: FYI about disability pay
Posted by CherylWoops
Posted by MrsS2005
I think your HR department is wrong. They're not supposed to force you to exhaust paid leave first when you're otherwise covered under a temproary disability plan. You can always call the Department of Labor to verify.
Thanks!! I am still not finding any info on disability just yet, but the only thing I found on the Dept of Labor's website is that they can make you use your paid leave as part of your FMLA 12 weeks.
This is from the site (still looking for disability info)...
Q: Does the law guarantee paid time off?
No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins.
Booooooooo.
This is true. However, this provision only applies to unpaid leave. Disability leave is not unpaid leave.
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| Posted 2/28/08 5:52 PM |
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