s/o stopping work early ?'s about disability/pay etc

kelfeen

I am so confused by this.  I work at a company with about 60 employees mostly male so i am the only one to use FMLA/ maternity and no one has a clue...

I have been trying to figure out what happens if you get taken off work early. I live in Ohio if that matters. (I know canada is way different and i think CA is too) 

So if your dr pulled you out of work for medical reasons, what happens to your pay and leave?   I have PTO I have been saving and after i deliver i have a 2 week waiting period then i get 60% of my pay for 6 weeks for c/s (which i am having)  I planned on taking the full FMLA 12 weeks off after my c/s using my saved PTO and the rest unpaid time off. (i figure i will never have that time back!)

So if he takes me out say 6 weeks before i deliver, does that mean i only get 6 weeks time off after they are born?  How does disability cover that time pre-delivery at all? 

TIA

additional question... So if u were on STD before delivery and had to wait 2 weeks for it to kick in, then had the babies, your medical issue changes.. so does the STD stop and restart? With another 2 week wait? (Or however long your wait is)

UsedToBeGoldie

every state and every company has different rules/laws.

for me- in NJ and at my company - i used STD for the time before babies were born - it did not have anything to do with my maternity leave- it was treated as if I was ill and could not work b/c of illness/injury, etc - a typical STD claim.  After that is maternity leave, once they are born.

kelfeen

do u still only get 12 weeks FMLA combined though?  so if you were off for 6 weeks prior to delivery do you only get 6 weeks after?

kmb585

When I had DS#1 I was taken off work at 26 weeks, and then was able to return from 35-37 weeks, and then off again for official maternity leave.  I had to use my PTO to cover the initial period of time off, then spent some time unpaid.  Then when I officially went on maternity leave, I waited the 2 weeks, then got the 60% of my salary for 6 weeks and then the 6 weeks of FMLA.  (My boss was awesome in letting this happen as I don't think this is always the way it works.)  Yes, it did stink not getting paid for some time, but that way I had 12 weeks off with DS before going back to work.

I was relatively new at my job (I hit 1 year 3 weeks before I delievered) so I did not quality for short term-disability which I believe would have allowed me to be paid for the duration of time I had off after PTO wore off and before FMLA kicked in.

I would definitely check w/ your company's HR person to get the details ironed out as I am sure it can vary quite a bit (and yes, CA and Canada are so different - I would love to get 6 mos or a year off but unfortunately it is not how ot works in AZ).

E&RMommy

I agree that every job/state is different.

I went onto bedrest at 23 weeks and delivered at 36 weeks.  I went back to work at 7 weeks PP.  So I missed 20 weeks of work total. 

My first week I had to use 40 hours PTO.  Then it was 66% short term disability and 33% PTO. 

I could have been let go of my job under FMLA because I used more than 12 weeks.  But there are other types of federal and state leave.  And because I have a specialized job where I was hand-picked and a lot of resources go to my position, they would not have let me go.   

mapjet

I live in Columbus Ohio. I was taken out of work exactly 6 weeks before my girls were born and had a vaginal delivery so only got 6 weeks after the babies were born. I had 12 weeks of FMLA, or short term disability. It went into effect the day my dr wrote me out of work, so in my case I ended up using exactly the 12 weeks I had. With my first, since I had no complications my dr never took me out of work so I only got the 6 weeks after delivery that is standard, since that is what she wrote me out for.  I had 12 weeks but with out a dr's note couldn't take the other 6. This time I had pre-e and am still on blood pressure meds now. I could've switched over to Long Term Disability after my 12 weeks ran out had the doctor wrote me out for longer but that wasn't the case. Hope all that makes sense!

cookiemonster03

FMLA protects your job for 12 weeks if you're eligible (likely). Some states have additional coverage. Your pay structure totally depends on the employer (and state sometimes).

mle78

The disability and how you get paid is going to be different everywhere.  The FMLA is a federal law that covers your position at work for up to 12 weeks.  It does not require that any of the time off be paid.  That's determined by your disability insurance and your employer. 

Technically, your FMLA time is up after 12 weeks no matter when you take it, and it can be intermittent.  So, if you took 2 weeks off then went back to work for 4 weeks,then delivered, then you would have 10 weeks left of FMLA protection for your job.  Your employer may still allow you to take a full 12 weeks off after delivery but they legally only have to hold your position for 12 weeks.  If that makes sense.

Rangergal9

Generally FMLA starts the day you have the baby.  At least that is when mine started even though I stopped working 2 weeks prior. FMLA is unpaid leave anyway so it doesn't guarantee you any pay, just secures your job.  I had 5 weeks worth of sick days so I used 2 of them before the babies were born and then got paid 3 more weeks after.  I have STD and had to wait 2 weeks after they were born.  Then I filed the claim and they send me a lump sum check for 8 weeks of pay (since I had a c/s).  Other than that I went unpaid from my job after those 3 weeks pp.  

You should contact whoever holds your STD policy and see if you would qualify for anything before you have the babies.

NicoleeBonsai

it's different for every company and state.

for me, i get paid short term disability at starting 4 weeks before my due date, OR whenever my doctor pulls me out (for up to 6 months) if that happens earlier.

post delivery, i get 6 or 8 weeks paid SDL depending on vag or c-sec. then i can take PTO and/or FMLA (my company lets me splice it up so i can take vacay the weeks of thanksgiving/christmas so i get paid for those holidays. the rest of the time i will use FMLA).

definitely check with your HR dept!