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eddiesmommy
best buds!
Member since 5/09 11524 total posts
Name:
Melissa
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S/O to Maternity leave post - FMLA did you know this??
I DID NOT know this and jsut read it.
"The eligible employee is allowed to take 12 weeks of unpaid leave, unless they have paid sick leave, in any 12 month period. The employee's leave can be taken on an intermittent basis; for example, an employee may drop to part-time status until the equivalent of 12 weeks has been obtained. During the 12 weeks of leave the employer must continue the employee’s benefits the same as they would if they were not on leave. The employee needs to pay his portion of his benefits the same as if he/she were not on leave. After the 12 weeks have been used, the employee must return to their same position or equivalent position, similar benefits and working conditions, and same pay."
So, in theory, figure 12 weeks, is 480 hours of time off that you are entitled to through FMLA.
So what they are saying is legally, I could go part time, say, for arguments sake, 3 days a week, therefore taking 16 hours off a week (2 days)? So does that mean for 6 months (16hrs of FMLA/week X 30 weeks = 480 hours) I couldve legally worked 3 days a week and at least received partial payment for the 3 days I was there? Instead of taking 12 weeks completely unpaid and shorting myself of 3 months of time home, even if it is only PT?
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Posted 8/10/10 3:21 PM  |
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Angel321
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Member since 4/08 15553 total posts
Name:
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Re: S/O to Maternity leave post - FMLA did you know this??
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
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| Posted 8/10/10 3:24 PM |
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eddiesmommy
best buds!
Member since 5/09 11524 total posts
Name:
Melissa
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
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| Posted 8/10/10 3:25 PM |
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Ophelia
she's baaccckkkk ;)
Member since 5/06 23378 total posts
Name:
remember, when Gulliver traveled....
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
yes, it's federal BUT your place of business must have a minimum number of employees for you to be eligible.
ETA: my mom used this to care for my brother who has asthma since it was initiated so she could take off without fear of losing her job.
Message edited 8/10/2010 3:27:35 PM.
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| Posted 8/10/10 3:26 PM |
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nov04libride
big brother <3
Member since 5/05 14672 total posts
Name:
Me
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
It is, and yes, you could have gone to P/T until it ran out.
One of my coworkers is using FMLA 2 days a week to be home when her son receives early intervention (he is 2).
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| Posted 8/10/10 3:27 PM |
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eddiesmommy
best buds!
Member since 5/09 11524 total posts
Name:
Melissa
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by Ophelia
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
yes, it's federal BUT your place of business must have a minimum number of employees for you to be eligible.
yes, it does, within a certain mile radius. So I work for a corporation that has over 5000 employees on the island alone, so am I interpreting that correctly?
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| Posted 8/10/10 3:28 PM |
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nicrae
He's here!
Member since 12/06 9289 total posts
Name:
Mommy
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Re: S/O to Maternity leave post - FMLA did you know this??
I have intermittent FMLA. I had to have it signed by my doctor stating that I have a medical reason that "could" cause me to miss work. It is good for one year at a time.
Can I use it? Yes but I need a doctor's note each time stating that I was out due to the medical reason based on the original FMLA application. Luckily so far I have never had to use it but it is nice to know I have it in place just "in case."
ETA: My FMLA has nothing to do with maternity.
Message edited 8/10/2010 4:00:27 PM.
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| Posted 8/10/10 3:28 PM |
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Angel321
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Member since 4/08 15553 total posts
Name:
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by Ophelia
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
yes, it's federal BUT your place of business must have a minimum number of employees for you to be eligible.
ETA: my mom used this to care for my brother who has asthma since it was initiated so she could take off without fear of losing her job.
it also has to do with whether or not your company 'pays' into the correct thing (i'm sorry i'm not good with the legal technicalities).
I was eligible - my company is MASSIVE and has amazing benefits. Dave's company is small and terrible and he does NOT qualify...
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| Posted 8/10/10 3:28 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: S/O to Maternity leave post - FMLA did you know this??
It's 12 weeks per calendar year. You don't have to use the time off in a lump amount of time.
I had a former co-worker who had "issues". She would come and go all year round. A minimum of several days off randomly during the month. About 1 day per week. Usually Monday or Fridays. Or Thursday and Fridays.
You get to know FMLA really well when you have to pick up the slack of someone doing it "professionaly".
She did not need the pay at the time, so essentially she was working PT but with the benefits of a FT job. Not only benefits like medical, pension, etc... but also she could work as little or as much as she wanted in any given week.
She even renewed her FMLA for the following year.
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| Posted 8/10/10 3:29 PM |
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eddiesmommy
best buds!
Member since 5/09 11524 total posts
Name:
Melissa
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by nov04libride
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
It is, and yes, you could have gone to P/T until it ran out.
One of my coworkers is using FMLA 2 days a week to be home when her son receives early intervention (he is 2).
damn it! I did not realize this!
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| Posted 8/10/10 3:29 PM |
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Ophelia
she's baaccckkkk ;)
Member since 5/06 23378 total posts
Name:
remember, when Gulliver traveled....
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by eddiesmommy
Posted by Ophelia
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
yes, it's federal BUT your place of business must have a minimum number of employees for you to be eligible.
yes, it does, within a certain mile radius. So I work for a corporation that has over 5000 employees on the island alone, so am I interpreting that correctly?
that i am not entirely sure about, but it stands to reason that it would apply to you.
I mean, each federal agency has so many small divisions yet we are all eligible b/c the agencies in their entirety more than make the minimum, kwim?
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| Posted 8/10/10 3:30 PM |
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LoveyQ
Stalkers, get a life.
Member since 11/07 12820 total posts
Name:
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by eddiesmommy
I DID NOT know this and jsut read it.
"The eligible employee is allowed to take 12 weeks of unpaid leave, unless they have paid sick leave, in any 12 month period. The employee's leave can be taken on an intermittent basis; for example, an employee may drop to part-time status until the equivalent of 12 weeks has been obtained. During the 12 weeks of leave the employer must continue the employee’s benefits the same as they would if they were not on leave. The employee needs to pay his portion of his benefits the same as if he/she were not on leave. After the 12 weeks have been used, the employee must return to their same position or equivalent position, similar benefits and working conditions, and same pay."
So, in theory, figure 12 weeks, is 480 hours of time off that you are entitled to through FMLA.
So what they are saying is legally, I could go part time, say, for arguments sake, 3 days a week, therefore taking 16 hours off a week (2 days)? So does that mean for 6 months (16hrs of FMLA/week X 30 weeks = 480 hours) I couldve legally worked 3 days a week and at least received partial payment for the 3 days I was there? Instead of taking 12 weeks completely unpaid and shorting myself of 3 months of time home, even if it is only PT?
Yes, you could go part time, but a couple of things. FMLA entitles you to be out of work for up to 12 weeks in a 12 month period - but it has nothing to do with pay. Under FMLA, you are not entitled to be paid for those 12 weeks; that has to do with your job's policies.
The other thing, this would also mean that right after having your baby, you would be coming back to work 3 days a week in order to extend the time (unless I misread your post). That's definitely not something I would want to do, but that's me.
ETA: if you're referring to taking FMLA when your child is older, then yes you can just go "part time" using the other days as FMLA, but it would need to be approved and show proof etc.
Message edited 8/10/2010 3:32:59 PM.
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| Posted 8/10/10 3:30 PM |
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eddiesmommy
best buds!
Member since 5/09 11524 total posts
Name:
Melissa
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by davenjess
Posted by Ophelia
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
yes, it's federal BUT your place of business must have a minimum number of employees for you to be eligible.
ETA: my mom used this to care for my brother who has asthma since it was initiated so she could take off without fear of losing her job.
it also has to do with whether or not your company 'pays' into the correct thing (i'm sorry i'm not good with the legal technicalities).
I was eligible - my company is MASSIVE and has amazing benefits. Dave's company is small and terrible and he does NOT qualify...
pays into what? Its a federal labor law?
Are you thinking of disability?
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| Posted 8/10/10 3:30 PM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by eddiesmommy
Posted by davenjess
Posted by Ophelia
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
yes, it's federal BUT your place of business must have a minimum number of employees for you to be eligible.
ETA: my mom used this to care for my brother who has asthma since it was initiated so she could take off without fear of losing her job.
it also has to do with whether or not your company 'pays' into the correct thing (i'm sorry i'm not good with the legal technicalities).
I was eligible - my company is MASSIVE and has amazing benefits. Dave's company is small and terrible and he does NOT qualify...
pays into what? Its a federal labor law?
Are you thinking of disability?
No one pays into FMLA. It's automatic if your company has more than 50 employees (plus other stipulations that I forget).
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| Posted 8/10/10 3:33 PM |
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Angel321
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Member since 4/08 15553 total posts
Name:
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by eddiesmommy
Posted by davenjess
Posted by Ophelia
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
yes, it's federal BUT your place of business must have a minimum number of employees for you to be eligible.
ETA: my mom used this to care for my brother who has asthma since it was initiated so she could take off without fear of losing her job.
it also has to do with whether or not your company 'pays' into the correct thing (i'm sorry i'm not good with the legal technicalities).
I was eligible - my company is MASSIVE and has amazing benefits. Dave's company is small and terrible and he does NOT qualify...
pays into what? Its a federal labor law?
Are you thinking of disability?
no - i was not out on disability. there is a webpage for NJ at least...let me grab that.
here is the info:
Bonding with a Newborn or Newly Adopted Child
You can claim Family Leave Insurance benefits to:
* Bond with a newborn child during the first 12 months after the child’s birth. You, your spouse, your domestic partner or your civil union partner must be the biological parent of the child.
* Bond with an adopted child during the first 12 months after the child’s placement.
A bonding leave claim must be for a period of more than seven consecutive days, unless the employer permits the leave to be taken in non-consecutive periods. In this case, each non-consecutive leave period must be at least seven days.
If you are taking intermittent leave for bonding, you and your employer must agree to the intermittent schedule.
Remember: each intermittent period must be for seven (7) days or more.
You must give your employer 30 days’ notice before the leave starts. If you do not give your employer the proper notice, your benefit entitlement may be reduced by 14 days.
Bonding documentation must be provided at the time of filing. Examples of acceptable certification are:
* Child’s Birth Certificate
* Child’s Hospital Discharge Record (Birth Mother Only)
* Declaration of Paternity
* Certificate of Placement
* Independent Adoption Placement Agreement
website: http://lwd.dol.state.nj.us/labor/fli/worker/program_info_menu.html
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| Posted 8/10/10 3:34 PM |
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nov04libride
big brother <3
Member since 5/05 14672 total posts
Name:
Me
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by eddiesmommy
Posted by davenjess
Posted by Ophelia
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
yes, it's federal BUT your place of business must have a minimum number of employees for you to be eligible.
ETA: my mom used this to care for my brother who has asthma since it was initiated so she could take off without fear of losing her job.
it also has to do with whether or not your company 'pays' into the correct thing (i'm sorry i'm not good with the legal technicalities).
I was eligible - my company is MASSIVE and has amazing benefits. Dave's company is small and terrible and he does NOT qualify...
pays into what? Its a federal labor law?
Are you thinking of disability?
FMLA has nothing to do with $$$$; it is job security. I think you're thinking of disability.
FMLA is unpaid, but say you were out your 6-8 weeks, then returned 3 days a week, you could definitely extend your leave time (with the days you are home unpaid).
5000 employees would def. make a company eligible--I teach HR classes, and forget the exact number, but it's more like 50 or more employees.
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| Posted 8/10/10 3:34 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by headoverheels
Posted by eddiesmommy
Posted by davenjess
Posted by Ophelia
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
yes, it's federal BUT your place of business must have a minimum number of employees for you to be eligible.
ETA: my mom used this to care for my brother who has asthma since it was initiated so she could take off without fear of losing her job.
it also has to do with whether or not your company 'pays' into the correct thing (i'm sorry i'm not good with the legal technicalities).
I was eligible - my company is MASSIVE and has amazing benefits. Dave's company is small and terrible and he does NOT qualify...
pays into what? Its a federal labor law?
Are you thinking of disability?
No one pays into FMLA. It's automatic if your company has more than 50 employees (plus other stipulations that I forget).
You don't get paid while on FMLA.
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| Posted 8/10/10 3:34 PM |
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eddiesmommy
best buds!
Member since 5/09 11524 total posts
Name:
Melissa
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by LoveyQ
Posted by eddiesmommy
I DID NOT know this and jsut read it.
"The eligible employee is allowed to take 12 weeks of unpaid leave, unless they have paid sick leave, in any 12 month period. The employee's leave can be taken on an intermittent basis; for example, an employee may drop to part-time status until the equivalent of 12 weeks has been obtained. During the 12 weeks of leave the employer must continue the employee’s benefits the same as they would if they were not on leave. The employee needs to pay his portion of his benefits the same as if he/she were not on leave. After the 12 weeks have been used, the employee must return to their same position or equivalent position, similar benefits and working conditions, and same pay."
So, in theory, figure 12 weeks, is 480 hours of time off that you are entitled to through FMLA.
So what they are saying is legally, I could go part time, say, for arguments sake, 3 days a week, therefore taking 16 hours off a week (2 days)? So does that mean for 6 months (16hrs of FMLA/week X 30 weeks = 480 hours) I couldve legally worked 3 days a week and at least received partial payment for the 3 days I was there? Instead of taking 12 weeks completely unpaid and shorting myself of 3 months of time home, even if it is only PT?
Yes, you could go part time, but a couple of things. FMLA entitles you to be out of work for up to 12 weeks in a 12 month period - but it has nothing to do with pay. Under FMLA, you are not entitled to be paid for those 12 weeks; that has to do with your job's policies.
The other thing, this would also mean that right after having your baby, you would be coming back to work 3 days a week in order to extend the time (unless I misread your post). That's definitely not something I would want to do, but that's me.
right, so if I take the 12 weeks in 2 day per week increments, wouldnt it stand that I wouldnt get paid for just my 2 days of FMLA? Can they just not pay me for the first 12 weeks of those 6 months then? Im just curious.
Well yes, technically you are right. I guess if this were really going to happen, then I would take the first 2 weeks as straight FMLA and then institute the PT FMLA. I guess.
Its all just in theory though. Heck, Im probably not even having more kids 
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| Posted 8/10/10 3:34 PM |
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Ophelia
she's baaccckkkk ;)
Member since 5/06 23378 total posts
Name:
remember, when Gulliver traveled....
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Re: S/O to Maternity leave post - FMLA did you know this??
fmla is largely unpaid.
they give you the time off period. you don't get paid for it as a general rule. it just protects you for family care.
ETA: isn't not an insurance. it's a law.
Message edited 8/10/2010 3:36:10 PM.
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| Posted 8/10/10 3:34 PM |
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Angel321
...
Member since 4/08 15553 total posts
Name:
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by headoverheels
Posted by eddiesmommy
Posted by davenjess
Posted by Ophelia
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
yes, it's federal BUT your place of business must have a minimum number of employees for you to be eligible.
ETA: my mom used this to care for my brother who has asthma since it was initiated so she could take off without fear of losing her job.
it also has to do with whether or not your company 'pays' into the correct thing (i'm sorry i'm not good with the legal technicalities).
I was eligible - my company is MASSIVE and has amazing benefits. Dave's company is small and terrible and he does NOT qualify...
pays into what? Its a federal labor law?
Are you thinking of disability?
No one pays into FMLA. It's automatic if your company has more than 50 employees (plus other stipulations that I forget).
i may have been thinking of whether or not you GET paid. my apologies. I received full pay for my time off.
eta: i could not have done it if i hadn't gotten paid in full while off of work...
Message edited 8/10/2010 3:36:29 PM.
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| Posted 8/10/10 3:35 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: S/O to Maternity leave post - FMLA did you know this??
They just don't pay you the days you don't work.
You can get paid under disability at the same time you are under FMLA but it has nothing to do with one another.
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| Posted 8/10/10 3:36 PM |
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eddiesmommy
best buds!
Member since 5/09 11524 total posts
Name:
Melissa
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by davenjess
Posted by eddiesmommy
Posted by davenjess
Posted by Ophelia
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
yes, it's federal BUT your place of business must have a minimum number of employees for you to be eligible.
ETA: my mom used this to care for my brother who has asthma since it was initiated so she could take off without fear of losing her job.
it also has to do with whether or not your company 'pays' into the correct thing (i'm sorry i'm not good with the legal technicalities).
I was eligible - my company is MASSIVE and has amazing benefits. Dave's company is small and terrible and he does NOT qualify...
pays into what? Its a federal labor law?
Are you thinking of disability?
no - i was not out on disability. there is a webpage for NJ at least...let me grab that.
here is the info:
Bonding with a Newborn or Newly Adopted Child
You can claim Family Leave Insurance benefits to:
* Bond with a newborn child during the first 12 months after the child’s birth. You, your spouse, your domestic partner or your civil union partner must be the biological parent of the child.
* Bond with an adopted child during the first 12 months after the child’s placement.
A bonding leave claim must be for a period of more than seven consecutive days, unless the employer permits the leave to be taken in non-consecutive periods. In this case, each non-consecutive leave period must be at least seven days.
If you are taking intermittent leave for bonding, you and your employer must agree to the intermittent schedule.
Remember: each intermittent period must be for seven (7) days or more.
You must give your employer 30 days’ notice before the leave starts. If you do not give your employer the proper notice, your benefit entitlement may be reduced by 14 days.
Bonding documentation must be provided at the time of filing. Examples of acceptable certification are:
* Child’s Birth Certificate
* Child’s Hospital Discharge Record (Birth Mother Only)
* Declaration of Paternity
* Certificate of Placement
* Independent Adoption Placement Agreement
website: http://lwd.dol.state.nj.us/labor/fli/worker/program_info_menu.html
this isnt FMLA though, which is what Ophelia was referring too. This is similar to electing to pay into or take STD through your company or NYS Disability while on maternity leave.
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| Posted 8/10/10 3:37 PM |
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4PsInaPod
My Loves <3
Member since 7/07 10079 total posts
Name:
D
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Re: S/O to Maternity leave post - FMLA did you know this??
this has my head spinning 
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| Posted 8/10/10 3:38 PM |
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MrsRbk
<3 <3 <3 <3
Member since 1/06 19197 total posts
Name:
Michelle
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by eddiesmommy
Posted by davenjess
Posted by Ophelia
Posted by eddiesmommy
Posted by davenjess
i wasn't aware that NY had this in place. NJ did and i got to spend an extra almost 3 months on leave because of it!
isnt FMLA federal?
yes, it's federal BUT your place of business must have a minimum number of employees for you to be eligible.
ETA: my mom used this to care for my brother who has asthma since it was initiated so she could take off without fear of losing her job.
it also has to do with whether or not your company 'pays' into the correct thing (i'm sorry i'm not good with the legal technicalities).
I was eligible - my company is MASSIVE and has amazing benefits. Dave's company is small and terrible and he does NOT qualify...
pays into what? Its a federal labor law?
Are you thinking of disability?
No, effective last year, New Jersey has a family leave act in place that runs concurrently with FMLA, except it's a paid leave which FMLA is not. I think the maximum you can collect is $586 per week. Either parent can take advantage of it as long as the company they work for pay into the program. It is kind of like disability, but it's not called disability.
I live and work in NJ and am on a week of PTO right now prior to my csection next week. So for example:
I get 8 weeks disability for my csection (those 8 weeks are also part of my FMLA leave). I then thanks to the company I work for get a 2 week paid parental leave following my 8 weeks. That brings me to 10 weeks. I can then file for the NJ Family Leave and get an ADDITIONAL 6 weeks paid leave at a maxium of $586 per week depending on my current salary.
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| Posted 8/10/10 3:38 PM |
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eddiesmommy
best buds!
Member since 5/09 11524 total posts
Name:
Melissa
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by smdl
They just don't pay you the days you don't work.
You can get paid under disability at the same time you are under FMLA but it has nothing to do with one another.
this is all very interesting.
I think I was gypped!
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| Posted 8/10/10 3:38 PM |
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