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LoveyQ
Stalkers, get a life.
Member since 11/07 12820 total posts
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by eddiesmommy
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.
If you did this then you should get paid for the days you work and get docked for the days you're out on FMLA. They should not be docking your pay for the first 12 weeks because theoretically you could end up returning to work full time before the 6 months are up or any other number of things could happen.
And, if you have vacation or personal time, you could use those most likely to get paid for the 2 days per week you're out until they run out.
FMLA is really just job protection.
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Posted 8/10/10 3:40 PM  |
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Long Island Weddings
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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 davenjess
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...
Did you use accumulated paid sick time? Because you can get paid with that.
FMLA does not pay you. It just protects your job because you need to take time off.
Let's say you have 14 days of paid sick time. You get that. You still have another 10 weeks allowed of time off under FMLA but those would be unpaid.
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| Posted 8/10/10 3:40 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 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!
yes, this is true. there are paid programs that can run concurrently.
unfortunately my agency does not allow us to participate, so I didn't even get disability pay. boooo.
so I did not take advantage of FMLA. *lesigh*
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| Posted 8/10/10 3:40 PM |
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Angel321
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Member since 4/08 15553 total posts
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Re: S/O to Maternity leave post - FMLA did you know this??
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.
thank you Mich - you said it much more eloquently than i was capable of... i still don't 100% understand how it works - but i KNEW i took it....and was paid! 
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| Posted 8/10/10 3:41 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: S/O to Maternity leave post - FMLA did you know this??
Depending on the type of birth, the first 6-8 weeks of leave following the birth are due to a serious health condition under FMLA. During that period of time, you're entitled to a reduced leave schedule (part-time). However, you might need clearance from a doctor that you're able to return to work and resume all duties.
The remaining 4-6 weeks of FMLA leave would be for the care of a child. You're only entitled to a reduced leave schedule for those weeks if your employer agrees to it.
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| Posted 8/10/10 3:43 PM |
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annoyedTTCer
LIF Adult
Member since 4/09 3272 total posts
Name:
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Re: S/O to Maternity leave post - FMLA did you know this??
If you were to go part time wouldn't your benefits be reduced to what part timers receive?
What if you job doesn't employ PT people at your capacity?
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| Posted 8/10/10 3:46 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 eddiesmommy
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!
Let's take the example of maternity leave.
You get 6 weeks off for vaginal and 8 weeks for c-section.
You get FMLA for 12 weeks. Most women take it in the lump amount of 12 weeks.
Day 1: baby is born
Week 12 over: back to work.
Most likely because you are no longer protected under FMLA. Your company can let you go if you are not coming back after 12 weeks. You are no longer protected.
Meanwhile, you were off because you gave birth. That's also eligible for disability! You got paid for either 6 weeks (which is really 5 weeks after that 1st week) or 8 weeks for a c-section (again only really paid for 7 weeks).
But disability is not just for being PG and giving birth.
If you could be with back surgery and out of commission for weeks. Again you would apply for disability to get the $$$ and FMLA to protect your job.
Not all company would let go of an employee if they don't get FMLA but you do CYA if you have FMLA.
Being on disability does not cover your job. You can lose your job whille on disabilty. I believe they have to wait for you to come back though to fire you.
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| Posted 8/10/10 3:47 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 annoyedTTCer
If you were to go part time wouldn't your benefits be reduced to what part timers receive?
What if you job doesn't employ PT people at your capacity?
After my DD I went back PT. As long as I worked at least 24 hours per week, my benefits remained the same as they were when I was FT.
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| Posted 8/10/10 3:48 PM |
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annoyedTTCer
LIF Adult
Member since 4/09 3272 total posts
Name:
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by MrsRbk
Posted by annoyedTTCer
If you were to go part time wouldn't your benefits be reduced to what part timers receive?
What if you job doesn't employ PT people at your capacity?
After my DD I went back PT. As long as I worked at least 24 hours per week, my benefits remained the same as they were when I was FT.
We don't employe any one at the professional level on a FT basis so not sure what my firm would do here.
My paid leave was very nice, went out in March and I'm not going back till after Labor day.
Of course in the middle of my leave I spent a month in South Africa so my boss didn't have to fly back and forth from NY.
My thanks was being able to take SH and DS with me on the company 
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| Posted 8/10/10 3:52 PM |
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MST9106
My life:)
Member since 6/06 9589 total posts
Name:
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Re: S/O to Maternity leave post - FMLA did you know this??
I used my FMLA as soon as my disability kicked in when I went on Maternity Leave. It runs in conjuction with disability. My company covers disability due to maternity leave at a 100% for the first 10 weeks and then for the remainder of the FMLA's 2 weeks I was able to utilize my vacation. I ended up staying out on Maternity Leave for 16 weeks...technically my FMLA ran out and I could have been demoted but my boss okayed my extended stay at home. I suggest that you speak to your HR rep for more clarification.
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| Posted 8/10/10 3:57 PM |
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MST9106
My life:)
Member since 6/06 9589 total posts
Name:
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Re: S/O to Maternity leave post - FMLA did you know this??
Posted by smdl
Posted by eddiesmommy
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!
Let's take the example of maternity leave.
You get 6 weeks off for vaginal and 8 weeks for c-section.
You get FMLA for 12 weeks. Most women take it in the lump amount of 12 weeks.
Day 1: baby is born
Week 12 over: back to work.
Most likely because you are no longer protected under FMLA. Your company can let you go if you are not coming back after 12 weeks. You are no longer protected.
Meanwhile, you were off because you gave birth. That's also eligible for disability! You got paid for either 6 weeks (which is really 5 weeks after that 1st week) or 8 weeks for a c-section (again only really paid for 7 weeks).
But disability is not just for being PG and giving birth.
If you could be with back surgery and out of commission for weeks. Again you would apply for disability to get the $$$ and FMLA to protect your job.
Not all company would let go of an employee if they don't get FMLA but you do CYA if you have FMLA.
Being on disability does not cover your job. You can lose your job whille on disabilty. I believe they have to wait for you to come back though to fire you.
Exactly.
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| Posted 8/10/10 3:58 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 MST9106
Posted by smdl
Posted by eddiesmommy
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!
Let's take the example of maternity leave.
You get 6 weeks off for vaginal and 8 weeks for c-section.
You get FMLA for 12 weeks. Most women take it in the lump amount of 12 weeks.
Day 1: baby is born
Week 12 over: back to work.
Most likely because you are no longer protected under FMLA. Your company can let you go if you are not coming back after 12 weeks. You are no longer protected.
Meanwhile, you were off because you gave birth. That's also eligible for disability! You got paid for either 6 weeks (which is really 5 weeks after that 1st week) or 8 weeks for a c-section (again only really paid for 7 weeks).
But disability is not just for being PG and giving birth.
If you could be with back surgery and out of commission for weeks. Again you would apply for disability to get the $$$ and FMLA to protect your job.
Not all company would let go of an employee if they don't get FMLA but you do CYA if you have FMLA.
Being on disability does not cover your job. You can lose your job whille on disabilty. I believe they have to wait for you to come back though to fire you.
Exactly.
I know disability and FMLA run concurrently and that one has no bearing on the other, I just didnt know you could take FMLA on a PT basis and spread out the 12 weeks while being paid for the days of the week that you DO work while the other 2 remain unpaid bc FMLA is in effect on those days.
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| Posted 8/10/10 4:35 PM |
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