Maternity Leave Questions/NJFLA & FMLA

Momma Rainbow

After doing some research on maternity leave, this is what I've come up with...does this seem right?

Met Life handles the short term disability through my company.

You would apply for short term disability for 4 weeks prior as long as it's medically necessary. You also apply through the state of NJ. Call and let both Met Life and the state know once I have the baby.

Then you'll receive 6 or 8 weeks paid through Met Life.

Through the State of NJ: Temporary Disability - 4 weeks prior (medically necessary) Paid

Then you get 6 weeks (Vaginal) or 8 weeks (C-Section) Paid 100% for 1st 6 or 8 weeks & 80% of salary for 5 weeks

Then you get 6 weeks to bond under NJ Family Leave Insurance and receive 2/3 of your pay at a maximum of $546

*Total of 16-18 weeks paid (4 weeks prior & 12-14 weeks after)*

Then you can apply for Federal FMLA (908)317-8611. You do this through your employer.

It's 12 weeks of unpaid leave which runs at the same time as the NJ FLA, so, since you're already using the NJ FLA which is 6 weeks, once that runs out you're only entitled to another 6 weeks which would be unpaid. If you take this additional unpaid 6 weeks, you?ll receive bills for the benefits that are taken out of your regular paycheck.

*The total amount of time you can take is 4 weeks prior & 18-20 weeks after

I'm confused though, with the short term disability...is the short term disability (4 weeks prior) going through the state or my personal STD policy?

And, do you know anything about taking FLA after disability is done?  If NJ FLA is supposed to be 12 weeks then when am I taking this unpaid 12 week NJ FLA? It seems like I'm only taking the paid 6 weeks family leave insurance and then right after, applying for the Federal FMLA.

 

So, once the 6 week paid bonding has run out, can I apply for the NJ FLA which is 12 weeks unpaid and then the Federal FMLA? So, is that really only 6 weeks with NJ FLA & 6 weeks Federal FMLA, unpaid to get the total of 12 weeks?

 

dyg201

I'm not sure I understood everything you wrote, but I can tell you what I am getting but keep in mind that I work for the state. I think companies can have different policies on what they pay while you are out.

I decided to take 3 weeks before my EDD. I have to use my earned sick time, but if I didnt have any, I would be using temporary disability and the pay rate would be that $546 # or whatever it is. Then, I get 6-8 weeks after I deliver and I will be using earned sick and then temp dis if I run out.

Starting from day one of being out, I have been using FMLA.  Assuming I deliver on time and vaginally, I will have used 9 weeks FMLA. Then I will start the state bonding leave, NJFLA. That will go for 6 weeks.  The first 3 of those weeks overlaps with FMLA so I will be using both at the same time, exhausting the FMLA. For me, these 6 weeks start with me using 2 weeks of earned vacation time, then the next 4 weeks are at the temp dis rate. Then I can take another 6 weeks of unpaid NJFLA. During this time, I have to pay whatever is taken out of my paycheck for my health ins.

Like I said before, I think some of the pay and whether or not you have to use your own time is up to the employers discretion.  It really helped me to look up the actual laws online.  my leave unit was useless and I had to argue with them to the point of tears to make sure I knew my rights/benefits.  Hopefully I explained this clearly for you!

jacksmom119

I wish someone would figure this out - whether paid or unpaid i'm curious how long you can be out with job protection...my hr department has been giving people different amount of time and i'm really confused!

blushingbride_08

Momma Rainbow:

After doing some research on maternity leave, this is what I've come up with...does this seem right?

Met Life handles the short term disability through my company.

You would apply for short term disability for 4 weeks prior as long as it's medically necessary. You also apply through the state of NJ. Call and let both Met Life and the state know once I have the baby.

Then you'll receive 6 or 8 weeks paid through Met Life.

Through the State of NJ: Temporary Disability - 4 weeks prior (medically necessary) Paid

Then you get 6 weeks (Vaginal) or 8 weeks (C-Section) Paid 100% for 1st 6 or 8 weeks & 80% of salary for 5 weeks

Then you get 6 weeks to bond under NJ Family Leave Insurance and receive 2/3 of your pay at a maximum of $546

*Total of 16-18 weeks paid (4 weeks prior & 12-14 weeks after)*

Then you can apply for Federal FMLA (908)317-8611. You do this through your employer.

It's 12 weeks of unpaid leave which runs at the same time as the NJ FLA, so, since you're already using the NJ FLA which is 6 weeks, once that runs out you're only entitled to another 6 weeks which would be unpaid. If you take this additional unpaid 6 weeks, you?ll receive bills for the benefits that are taken out of your regular paycheck.

*The total amount of time you can take is 4 weeks prior & 18-20 weeks after

I'm confused though, with the short term disability...is the short term disability (4 weeks prior) going through the state or my personal STD policy?

And, do you know anything about taking FLA after disability is done?  If NJ FLA is supposed to be 12 weeks then when am I taking this unpaid 12 week NJ FLA? It seems like I'm only taking the paid 6 weeks family leave insurance and then right after, applying for the Federal FMLA.

 

So, once the 6 week paid bonding has run out, can I apply for the NJ FLA which is 12 weeks unpaid and then the Federal FMLA? So, is that really only 6 weeks with NJ FLA & 6 weeks Federal FMLA, unpaid to get the total of 12 weeks?

 

 

If you draw a timeline, this is how my maternity leave would be broken out.  This is assuming I deliver on my due date and have a normal delivery (no c-section).

Weeks 1 - 4 are Short Term Disability (which is 4 weeks prior to my due date). For me, STD is a partially paid benefit via my company.

My due date would fall between weeks 4 - 5

Weeks 5 - 10 are also STD (assuming I have a normal delivery this would be 6 weeks) --->partially paid benefit

Weeks 11 - 16 are NJ Family Leave Insurance* --->partially paid benefit

Weeks 1 - 12 are FMLA** --->job protection, unpaid benefit

Weeks 11 - 22 are NJ FLA***  --->job protection, unpaid benefit

*NJ Family Leave Insurance overlaps with 2 weeks FMLA and 6 weeks of NJ FLA

**FMLA overlaps with 10 weeks of STD, 2 weeks of NJ FLI, and 2 weeks of  NJ FLA

***NJ FLA overlaps with 6 weeks of NJ FLI and 2 weeks of FMLA

So once NJ FLI ends, I actually only have 6 weeks of  NJ FLA remaining since many of the benefits run concurrently.  FMLA would have been exhausted at week 12.

Hope this helps!