Ladies who have FMLA and a disability policy through work

We just got a new disability policy through work. We have never had it before (I'm a county employee).

With DS I got FMLA, so that was 12 weeks unpaid. As per company policy I am required to take all sick/vacation/personal time in conjunction with the FMLA. So last time I think I got paid for a total of 20 days or so.

If I qualify for disability this time (they are still figuring everything out) how does that work? Do FMLA and disability run in conjunction with each other? And what about my time that I have to take - does that come first or does disability come first? Or do I take everything together?

If anyone has any experience I would appreciate any feedback

Re: Ladies who have FMLA and a disability policy through work

Everything is in conjunction with each other. Disability will start when you leave work and will last for 6 weeks. Although the first week is a waiting period, and you don't get paid. So you get $170 a week for 5 weeks.

Re: Ladies who have FMLA and a disability policy through work

Yes, disability and FMLA start at the same time - the day you go out on disability (either give birth or are ordered to stay home by doctor).

FMLA just entitles you to keep your job, or one at a similar level/pay, for up to 12 weeks. Disability will pay you a certain amount up to a certain number of weeks, depending on the policy that your job now has.

As for your days at work, usually you take sick days for the first week you're out since that first week is usually not covered under disability.

If you take sick days or maternity leave pay (if your company offers it) at the same time as disability, then you won't receive disability pay during that time. With the state disability, if you take vacation or personal days at the same time as disability, then you can do both.

It will really all depend on the type of policy you're being offered and what their rules are, but that should give you a general idea.

Re: Ladies who have FMLA and a disability policy through work

Re: Ladies who have FMLA and a disability policy through work

And to add on - some companies have an elimination period that you have to use your own time for the first week or so of disability.

We use one week of our sick/PTO, then get 5-7 weeks of pay from disability (our company has a separate policy so we get NYS plus the company amount), and then for the next 4-6 weeks, we use our time or can take it unpaid.

Re: Ladies who have FMLA and a disability policy through work

Re: Ladies who have FMLA and a disability policy through work

i am in HR and sometimes deal with this everything posted above is correct.

when i was out i was out for 2 months prior and 3 months post then went to pt time. i was paid 2 weeks from my company. 2 weeks vacation ( all i was allowed to tack on) 5 sick days ( elimination period) and 12 weeks maternity ( FMLA)- my company did salary continuation for 6 weeks so i got my full salary for 1/2 of FMLA.

everythign is concurrent. FMLA only guarentees That you have a job to go back to after 12 weeks that is comparable to your previous position. However if there is a layoff you are not spared just b/c you are out. Basically it guarantees no different treatment for you for being out than if you were there. GL

Message edited 11/17/2009 3:14:04 PM.

Re: Ladies who have FMLA and a disability policy through work

Re: Ladies who have FMLA and a disability policy through work

Re: Ladies who have FMLA and a disability policy through work

this is what I posted about recently with my company.

Your disability will run concurrently with FMLA- so as soon as you give birth or your doctor says your unable to work- your disability starts as well as FMLA.

From the date of birth, you get paid 6 weeks for vaginal / 8 weeks for C/S from disability plus you get paid anytime before the birth if your Dr. says you can't work or anytime after those 6/8 weeks if you had complications and your Dr. says you can't work.

Once disability stops paying, you can use your sick, vacation, etc. to make up the remaining time of your FMLA leave. But check this with your company- mine recently tried to change the policy by having us use all our sick, vacation and personal time BEFORE disability began- so during those first 6-8 weeks. Which would have left us with no paid leave to use after those 6-8 weeks are up. We fought them on it, and they changed it back.

Re: Ladies who have FMLA and a disability policy through work

Re: Ladies who have FMLA and a disability policy through work

Message edited 11/17/2009 3:27:05 PM.

Re: Ladies who have FMLA and a disability policy through work

FMLA begins on your first day out of work and you are entitled up to 12 weeks of leave. Disability begins on the 8th consecutive day out of work (5 business days). The first week of disability is unpaid and you will either get 5 or 7 weeks of disability pay.

Your company may also pay you salary continuance (uo to 100%) during your disability period.

Message edited 11/17/2009 3:29:54 PM.