Update on the drama

Re: Update on the drama

• Flem052204

  October 2008

  If maternity leave is covered by short term disability, then I can see why it would not cover you in the case of adoption.  In most cases, employers do not pay for your payroll while you are out on disability.  They take out an insurance policy on you and if you apply for short term disability, the insurance company is actually paying your salary while on medical leave.  When I was on medical leave, it had to be an actual leave for actual medical reasons.  I could not so much as call my employer to check on my clients.  That would have constituted insurance fraud since I would technically be working while the insurance company paid for my leave.  Likewise, using "medical" benefits when you do not really have a medical condition would also be considered insurance fraud.  Your employer would not take this lightly, since insurance fraud is a criminal offense.

  However, you should still be covered by FMLA while caring for your new baby.  And if your employer has paternity leave, that obviously is not covered by disability insurance.  That comes out of your employers pocket.  So if they offer paternity, you would have a pretty good case to argue that they ought to pay you the same as they would a new father.

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• Mrs.Johnson member

  October 2008

  Thanks for the info.  I have no intention of committing insurance fraud, I just want to get the same rights as other new parents.  I hate feeling punished once again because my body cannot produce a baby.

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• Temp206787500007404

  October 2008

  If your company has a paid maternity leave that is not disability-related, you should qualify for it.  However, if STD is what they use for maternity leave you would not qualify, as disability insurance is basically income replacement when you are disabled, and since you didn't physically have the baby you would not medically qualify.

  However, you do qualify for 12 weeks of FMLA job-protection (as long as your company is not a non-profit or religious organization, has more than 50 employees within a 75 mile radius and you have been at your company for at least 12 months and worked at least 1250 hours in the last 12 months) -- you would take it under NCC (New Child Care).  Your husband would also qualify with his company as father's can take FMLA as well.  One thing is, most companies require it to be taken continuously and don't allow for intermittent use of FMLA for NCC and the regulations support that.  So if he only wanted to take a week or two now and then another week or two later, he might not be able to.

  Check with your company to see what their adoption benefits are -- my company pays 2 weeks of "leave" time for parents who adopt and have a $2k reimbursement program.  The 2 weeks of pay can be used immediately following placement, but the $2k reimbursement isn't paid out until after the adoption is finalized.

  Good luck.

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• speak-ez

  October 2008

  The others gave you good info. I work in a school as well and they also cover maternity under short term disability. Adoption does not qualify because we are not physically healing from birth. However, you are still covered under FMLA which is 12 weeks. I also know that my union fought last time and got the use of 5 sick days for adoption written into the contract. So, I can take 5 sick days and then the rest is unpaid vs. women who give birth that can exhuast all their sick time :-

   

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• sh4602 member

  October 2008

  I was also told i need to have the baby for ml. I could use my personal days only. but that match feel through so i didnt have to worry about it.

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• TiffanyBlue927

  October 2008

  I was also told no short term disability, which is terrible because we are adopting because my $10,000 lifetime infertility benefit ran out and we can not pay oop for something we are not sure will result in a baby....

  I work for a huge hospital and have crap for benefits! No adoption assistance, either...and since my DH and I both work for the same employer, I can only take 6 weeks family leave  and he can take the other 6. ( normally you are entiltled to 12 weeks unpaid leave) 

  So very unfair!
  

  WHAT'S IN MY CAMERA BAG: Canon 40D, 50 mm 1.8 prime and not much else yet! Learning to edit with PSE 8 AND LR 3. My real name isn't Tiffany, and I'm a photography newbie!

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• Temp206787500007404

  October 2008

  Tiffany -- you can take all 12 if you want, he just wouldn't be able to take any.  Basically your employer has decided to invoke their right to require employees to share time when caring for a family member or new child.  If he doesn't want to take any time though, you can use all 12.  If your employer tells you differently, let me know and I'll be happy to point you to recent DOL advisories and lawsuits that say otherwise.  (I administer FMLA/Disability plans for a living.)

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