Just sat down with HR - totally confused!

SJBride05 · July 2010

I just had my meeting with my boss and HR regarding my maternity leave and I left there more confused than when I came in. Maybe someone can explain this to me more clearly...

It was my understanding that SDI gives you 4 weeks before the baby is born and then 6-8 weeks after the baby is born. HR is telling me I only get 6-8 weeks TOTAL depending on the type of birth I have. Meaning, if I go on leave 2 weeks before my EDD, have the baby, assuming on my EDD, then I only get 4 more weeks of SDI (if I have a vaginal birth.) Is this how it works? I thought I got 6-8 weeks after the birth automatically.

Then 12 weeks of Federal family leave (unpaid) kicks in, which will run concurrently with 6 weeks of CA PFL (paid.)

And then on top of that HR said I have to use 80 hours of PTO concurrently with the federal and state family leaves. I asked if that means I get an extra 2 weeks leave, they said No. So I asked if I get paid 100% for those 2 weeks and they said they didn't think so. (They're checking into this for me.) It seems wrong that I have to take 80 hours PTO and a) I don't get 2 extra weeks of leave and b) don't get paid at 100%.

What is the real deal with this?

And to top it off I got denied working from home 1 day a week when I return. My only option would be to get reduced to 4 days/week with no guarantee of coming back to 5 days/week in the future. I'm pretty heartbroken about this...

legaleagles · July 2010

I have no advice, but I just wanted to send hugs. I'm sorry it wasn't a helpful meeting and that they don't want to support working from home for 1 day/week.

StefandTodd · July 2010

SJBride05:

And to top it off I got denied working from home 1 day a week when I return. My only option would be to get reduced to 4 days/week with no guarantee of coming back to 5 days/week in the future. I'm pretty heartbroken about this...

I know nothing, but just wanted to say I'm so sorry about this

abvernon · July 2010

Ugh, that is a bummer C.

I think MrsK&C knows alot about this, hopefully she will chime in.

futrkingsley · July 2010

They are wrong.

For CA state short term disability, which covers impairments due to pregnancy, your doctor can sign you out of work whenever he or she deams you incapable of working due to your pregnancy. I was signed out at 30 weeks and my CA state disability (through the Employment Development Department or EDD) covered me until delivery except for the 1 week waiting period.

Once you deliver, no matter when that is, you will either receive 6 weeks (for vaginal) or 8 weeks (for cesarean) short term disability from EDD. The amount you take or are out before the baby does not have anything to do with the amount you are out after the baby.

After that is done, you will have the option of taking an additional 6 weeks of CA Paid Family Leave, paid at the same rate as your STD since it's all through the same department/program.

What your employer asks of you is entirely a different matter. Does your employer provide any paid leave that doesn't use your FTO? Mine did, but it started the day I went out at 30 weeks so was completely gone by the time C came. I was allowed to use my FTO to make up the difference between STD (pre and post baby) so I received 100% of my pay at the end of the day, though it was split between several sources.

The federal and state Family Medical Leave holds your job for you for 12 weeks but provides no other benefits. And I think that 12 weeks runs the whole time you are out, before and after baby but I could be wrong. My employer didn't care so I took a total of 19 weeks leave without being penalized in any way.

I would work hard to get your employers maternity leave policy -- what they require of you and what they will provide -- in writing ASAP. Don't take their word for it and don't believe what they have to say about the state program (get that info directly from EDD if necessary). You need to know how many weeks total you can be out and still have a job, how much if any they will pay for (either a percentage of pay for x weeks or total hours), what their own STD and long term disability policies cover, and what the heck is with the 80 hours PTO thing.

Lexi & Orion's Mommy · July 2010

this is how it worked out for me 2 years ago.

I had to go 10 full days with out work's compensation before SDI kicked in.

I took off the month before ORion was born , and 10 of those days were unpaid.

After he was born i took 2 months. i could have chosen to use FMLA, for additonal time ,but since i was gone for a total of 3 months already, and my medical insurance is thru work, after the 3 months, i would have to pay full price for my medical. for the extra (3rd month) month, it would be the total of what i would get from FMLA, so it was not cost effective for me to stay home till O was 3 months.

I am sorry that work is not letting you go to a temp 4 day work week. Have you already figured out your daycare situation?

Angiesmommy · July 2010

In my understanding, you are right. SDI will give you 4 weeks before and then 6 weeks after (if vaginal) or 8 weeks after (if c-section) . I'm not sure about all the other stuff they were telling you that was work related... wierd.

Meritage · July 2010

Unless things have changed, I think your HR person is clueless. Assuming your doctor writes you a note (most of them will), you can take off 4 weeks before your due date. You do need this sign off from your OB though. Once baby is born (whether or not it has been 4 weeks), you'll get 6 weeks if you have a v-birth and 8 weeks with a c-section. Once that is over, family leave kicks in (6 weeks paid, 6 weeks unpaid).

As for your PTO, I don't remember how that works. I do recall having to use some PTO (40 hours I think?), and I believe that was part of my SDI time?

I'm sorry your request was denied! Hang in there though. It's still a long time away, and you can always ask again when it's time to return. Things may change between now and then.

everydayeve · July 2010

Looks like you've gotten a lot of good info from PPs, but I thought I'd post this for you too - great article that covers the "what you get paid for" portion of pregnancy leave in CA.

ladipale · July 2010

Ugh, I'm dreading this conversation...

But i've been trying to figure things out on my own.

I think future is right, your doctor can sign you out for disability before pregnancy, and this has no bearing on the disability you receive after birth (6 weeks for vaginal, 8 weeks for c-section)

I don't think I qualify for CA paid family leave (I think its only if you work someplace a year?) but my company will hold my job for up to 4 months (without further pay)

I'm sorry they denied working from home one day a week. That is a bummer.

Carolee · July 2010

Hmm...while most of that is the same as what I was told, the beginning part is different. I was told that I get time off before the birth (if the doctor writes me out on disability at 36 weeks), which she did. Then, I will either get 6 or 8 weeks after, depending on if I have a vaginal birth or C-section. FMLA begins when I start the time after delivery, and it is non-paid. So basically, I'll be paid disability for 4 weeks before delivery until 6-8 weeks after, and then I'll be taking the additional time (4-6 weeks) unpaid as FMLA. That said, I am a teacher so I don't qualify for SDI - I have private disability insurance. I thought though that pregnancy was considered a disability at 36 weeks, so I am unsure why your job is telling you that you would only have 6-8 weeks total. I hope they made a mistake and you really do. Good luck!

SFNewzGirl · July 2010

futrkingsley has it right. Call EDD if you must, your HR is wrong.

SDI before delivery is different then SDI after delivery. State family pay (up to 6 weeks) after SDI runs out is separate and does not affect SDI.

The only thing I'd add is that my Federal leave job protection started AFTER my SDI ran out. The federal family leave is leave, it's not disability. And during that 6-8 weeks PP you are technically disabled. So federal job protection starts after.

This worked out to about 4.5 months off work for me.

danandkelly · July 2010

SDI will pay you for up to 4 weeks prior to your EDD and then for 6 weeks after if a vaginal birth or 8 weeks for a csection. You then can get 6 weeks of PFL if you qualify.

The FMLA runs concurrently with the SDI/PFL and is for 12 weeks.

As far as I understand your employer can not force you to use PTO during that time but you can use PTO to suppliment your SDI/PFL or to pay your benefits etc.

I think your HR dept is confused, because they don't have any say in the 4 weeks prior and 6 weeks after. AND if you do decide to use the 4 weeks before it does not affect the 6 weeks after...if you choose not to use it you just lose it.

futrkingsley · July 2010

everydayeve:

Looks like you've gotten a lot of good info from PPs, but I thought I'd post this for you too - great article that covers the "what you get paid for" portion of pregnancy leave in CA.

The article had some good points but she doesn't do math very well. The author says you get 12 weeks partial pay after delivery, but if you have a cesarean you automatically qualify for 14 weeks of partial pay (SDI and PFL combined) from the state.

NCSW · July 2010

danandkelly:
SDI will pay you for up to 4 weeks prior to your EDD and then for 6 weeks after if a vaginal birth or 8 weeks for a csection. You then can get 6 weeks of PFL if you qualify.

The FMLA runs concurrently with the SDI/PFL and is for 12 weeks.

As far as I understand your employer can not force you to use PTO during that time but you can use PTO to suppliment your SDI/PFL or to pay your benefits etc.

I think your HR dept is confused, because they don't have any say in the 4 weeks prior and 6 weeks after. AND if you do decide to use the 4 weeks before it does not affect the 6 weeks after...if you choose not to use it you just lose it.

Exactly. Your employer is very very confused. I'm sorry.

ladipale · July 2010

Carolee:
Hmm...while most of that is the same as what I was told, the beginning part is different. I was told that I get time off before the birth (if the doctor writes me out on disability at 36 weeks), which she did. Then, I will either get 6 or 8 weeks after, depending on if I have a vaginal birth or C-section. FMLA begins when I start the time after delivery, and it is non-paid. So basically, I'll be paid disability for 4 weeks before delivery until 6-8 weeks after, and then I'll be taking the additional time (4-6 weeks) unpaid as FMLA. That said, I am a teacher so I don't qualify for SDI - I have private disability insurance. I thought though that pregnancy was considered a disability at 36 weeks, so I am unsure why your job is telling you that you would only have 6-8 weeks total. I hope they made a mistake and you really do. Good luck!

Oh, I think that's my issue too, I have private disability insurance... boo

SJBride05 · July 2010

Thanks for the feedback (and article!) My gut was telling me he was wrong, but I didn't know enough to prove it. I'm going back to talk to my boss again and hopefully get the whole PTO thing cleared up.

If you used PTO to supplement at any point, we're you required to, or was it by choice? I'm being told I have to (with no extra benefit,) which is not going over well with me.

futrkingsley · July 2010

I used it to make up the difference between the 60% or so I got from EDD (short term disability, plus paid family leave) and my 100% pay. My employer didn't require it. In fact, they made up the difference for the first 8 weeks of my leave, and I covered the rest out of PTO. And then once the state stuff ran out, I used PTO to cover the rest of my leave.

Oh and I used PTO to take one day off per week for 26 weeks. I am not in a position to work from home and could not afford to cut back to 80% pay long term so I used my left over PTO to cover it and am so glad I did.

SFNewzGirl · July 2010

I had to use sick time but vacation time was optional. Vacation time is equivalent to compensation in California so they can't force you but I'm not sure where PTO falls in that, since I'm guessing your company uses PTO as one bucket for sick and vacation time.

lunabeam · July 2010

I was told that I *had* to use 40 hours of sick time to cover the 1 week SDI waiting period (but I guess I could have elected to take that unpaid, if I really wanted to).

Other than that, any other sick/vacation hours I used to supplement what I was receiving from SDI/PFL was totally up to me. It could vary week to week, too. So if I didn't want to claim any additional hours, fine, and if I did happen to want a little extra in a certain week, I just submitted a timesheet claiming those hours.

I'm sorry they didn't agree to working from home. Hopefully you can convince them otherwise!

Go Dux · July 2010

ladipale:

Carolee:
Hmm...while most of that is the same as what I was told, the beginning part is different. I was told that I get time off before the birth (if the doctor writes me out on disability at 36 weeks), which she did. Then, I will either get 6 or 8 weeks after, depending on if I have a vaginal birth or C-section. FMLA begins when I start the time after delivery, and it is non-paid. So basically, I'll be paid disability for 4 weeks before delivery until 6-8 weeks after, and then I'll be taking the additional time (4-6 weeks) unpaid as FMLA. That said, I am a teacher so I don't qualify for SDI - I have private disability insurance. I thought though that pregnancy was considered a disability at 36 weeks, so I am unsure why your job is telling you that you would only have 6-8 weeks total. I hope they made a mistake and you really do. Good luck!

Oh, I think that's my issue too, I have private disability insurance... boo

Ladipale...you work for Davis, right? You do not get State Disability. It goes through Liberty mutual.

jsugrin · July 2010

SJBride05:
Thanks for the feedback (and article!) My gut was telling me he was wrong, but I didn't know enough to prove it. I'm going back to talk to my boss again and hopefully get the whole PTO thing cleared up.
If you used PTO to supplement at any point, we're you required to, or was it by choice? I'm being told I have to (with no extra benefit,) which is not going over well with me.

Here is the PTO thing, they can require you to use up to 2 weeks of PTO whenever you go out on a disability leave. The big BUT though is....They are required to have notified you, in writing with your signature at least 2 weeks prior to your request for leave.

You need to find out if you signed anything like that at your time of hire.

Later when I have more time I could go through the rest for you but you've gotten good advice so far. I just don't have time right now to go find all my info but I recently did an indepth synopsis for someone else.

LoLoPanda · July 2010

I don't know very much about HR, but I just wanted to send you hugs. I hope all this can be sorted out because it sounds confusing to me also. I would do some research with the EDD and the Federal Family Leave to make sure your company has it right. If not, I would bring them documentation of what the laws are and what you're allowed/not allowed to take.

I personally think it's BS that they're possibly making you give up some PTO in concurrence with your leave. I hope things get better. ((hugs))

Mrs.K&C · July 2010

SJBride05:
Thanks for the feedback (and article!) My gut was telling me he was wrong, but I didn't know enough to prove it. I'm going back to talk to my boss again and hopefully get the whole PTO thing cleared up.
If you used PTO to supplement at any point, we're you required to, or was it by choice? I'm being told I have to (with no extra benefit,) which is not going over well with me.

You got the correct info about the SDI 4 weeks before and 6-8 after...then PFL. Unfortunately, it is up to your employer whether or not they require you to use your PTO/sick leave/vacation time concurrently while on leave. I believe the max they can make you use is 2 weeks/80 hours total. You do get paid during that time from your company - I'm not sure what they are thinking or what the rational is that you would use that time and they wouldn't pay you?? Bizarre. There is a box on the SDI form that asks if you are receiving any pay, partial or full, during your disability leave. You'll have to check yes and you won't receive SDI pay during that 2 weeks. You'll receive benefits after that two weeks. My DH had to use up his remaining PTO time when he took leave with DD. My company doesn't require that. It is their discretion.

SJBride05 · July 2010

Mrs.K&C:
SJBride05:
Thanks for the feedback (and article!) My gut was telling me he was wrong, but I didn't know enough to prove it. I'm going back to talk to my boss again and hopefully get the whole PTO thing cleared up.
If you used PTO to supplement at any point, we're you required to, or was it by choice? I'm being told I have to (with no extra benefit,) which is not going over well with me.
You got the correct info about the SDI 4 weeks before and 6-8 after...then PFL. Unfortunately, it is up to your employer whether or not they require you to use your PTO/sick leave/vacation time concurrently while on leave. I believe the max they can make you use is 2 weeks/80 hours total. You do get paid during that time from your company - I'm not sure what they are thinking or what the rational is that you would use that time and they wouldn't pay you?? Bizarre. There is a box on the SDI form that asks if you are receiving any pay, partial or full, during your disability leave. You'll have to check yes and you won't receive SDI pay during that 2 weeks. You'll receive benefits after that two weeks. My DH had to use up his remaining PTO time when he took leave with DD. My company doesn't require that. It is their discretion.

This makes sense to me - thank you!

amyfelice · July 2010

Sounds like they are very mean. I'm sorry.

The SDI starts 4 weeks before the DUE DATE. Then even if you go past your due date, they don't start the post partum 6-8 weeks until you give birth. So I was two weeks late and still got my 8 weeks after the baby was born from SDI

Also I was not required to use any PTO but if I did, they paid me at 100% until my PTO ran out.

Also, I got the PFLA 6 weeks paid at the same rate as SDI starting after my 8 weeks from the C-Section.

I don't know the laws and such, but it really sounds like you are getting a bum deal there. So sorry.

SJBride05 · July 2010

I think I'm finally starting to understand everything. Thanks you guys!

My.ABC.Life · July 2010

Why its it that its HR people's JOBS to know this stuff... and its seems like its very few of them that actually have a handle on it! (I had issues to!). Good luck sorting it all out. Did they give you a reason for not allowing the work from home?

danandkelly · July 2010

Mrs.K&C:
SJBride05:

Thanks for the feedback (and article!) My gut was telling me he was wrong, but I didn't know enough to prove it. I'm going back to talk to my boss again and hopefully get the whole PTO thing cleared up.

If you used PTO to supplement at any point, we're you required to, or was it by choice? I'm being told I have to (with no extra benefit,) which is not going over well with me.

You got the correct info about the SDI 4 weeks before and 6-8 after...then PFL. Unfortunately, it is up to your employer whether or not they require you to use your PTO/sick leave/vacation time concurrently while on leave. I believe the max they can make you use is 2 weeks/80 hours total. You do get paid during that time from your company - I'm not sure what they are thinking or what the rational is that you would use that time and they wouldn't pay you?? Bizarre. There is a box on the SDI form that asks if you are receiving any pay, partial or full, during your disability leave. You'll have to check yes and you won't receive SDI pay during that 2 weeks. You'll receive benefits after that two weeks. My DH had to use up his remaining PTO time when he took leave with DD. My company doesn't require that. It is their discretion.

If I remember correctly they can require you to use PTO to cover your contribution to your beneifits while you are out....or you may have to pay it when you get back. At least this is how the state does it.

I<3MYHUSBAND · July 2010

My.ABC.Life:
Why its it that its HR people's JOBS to know this stuff... and its seems like its very few of them that actually have a handle on it! (I had issues to!). Good luck sorting it all out. Did they give you a reason for not allowing the work from home?

Ditto this! I have a feeling I am going to have to explain it too. TG for nesties right? Sorry they are not open to the working from home option, that is a bummer.

SJBride05 · July 2010

My.ABC.Life:
Why its it that its HR people's JOBS to know this stuff... and its seems like its very few of them that actually have a handle on it! (I had issues to!). Good luck sorting it all out. Did they give you a reason for not allowing the work from home?

My boss said it would be a hard case to sell to the owner of the company. He has old school mentality that you're more productive in the office rather than at home.

My boss just hired someone for another department and they were adamant about not allowing her (or anyone) to regularly work from home. I get where he's coming from, but I didn't ask because it would be nice to work from home. In fact, I honestly don't think it would be easy. I asked because I wanted to ease back in after having a new baby. I even mentioned that it would short term, but still didn't go over well.

I'm just frustrated and my office mate just looked at me said I looked stressed and I completely broke down.

My.ABC.Life · July 2010

I<3MYHUSBAND:

Ditto this! I have a feeling I am going to have to explain it too. TG for nesties right? Sorry they are not open to the working from home option, that is a bummer.

TOTALLY!! I remember danandkelly and linnychannel both sent me emails that explained it all. They did a MUCH better job at it than my HR!

My.ABC.Life · July 2010

SJBride05:
My boss said it would be a hard case to sell to the owner of the company. He has old school mentality that you're more productive in the office rather than at home.
My boss just hired someone for another department and they were adamant about not allowing her (or anyone) to regularly work from home. I get where he's coming from, but I didn't ask because it would be nice to work from home. In fact, I honestly don't think it would be easy. I asked because I wanted to ease back in after having a new baby. I even mentioned that it would short term, but still didn't go over well.
I'm just frustrated and my office mate just looked at me said I looked stressed and I completely broke down.

Hang in there Char!!! Perhaps you can write a letter to the owner of the company directly (with a Cc to your boss, of course!). Even if you still can't convince them... at least you will feel like you did everything you could.

And don't worry... role of working mama is hard... but you'll get loads of quality snuggle time!!!

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Just sat down with HR - totally confused!

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