Stress Leave then Maternity Leave

Re: Stress Leave then Maternity Leave

• MrsBreezer80 member

  February 2011

  FMLA will cover your position for 12 weeks in any calendar year, period. No matter what you are using it for. I know this because I went out 2 weeks early with DD with stress leave, and then had to go back to work at 10 weeks because FMLA ran out.

  

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• LawLove08

  February 2011

  What is stress leave? ?I've never heard of that?

  I believe what PP said about FMLA is true, although I seem to recall that NJ has better laws/protection than FMLA provides. ?I don't live there or practice law there, so I don't know for sure. ?I don't think it provides more than 12 weeks, though. ?So if you start your leave at 30 weeks, and you only get 12 weeks total, you could be using almost all of your time pre-baby.

  ?It's also possible that your work provides better/additional time or disability benefits, so you should probably talk to HR.?

  With FMLA, if you're taking the leave for your own medical reasons, you'll need a doctor to sign-off. ?Is there some medical reason (emotional or physical) for you to take leave at 30 weeks.

  

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• princessbubblewrap

  February 2011

  keep in mind also that FMLA only covers you for 12 weeks as long as you have been with the company for a year, or have worked a minimum of 1250 hours

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• IndianaSara

  February 2011

  princessbubblewrap:

  keep in mind also that FMLA only covers you for 12 weeks as long as you have been with the company for a year, or have worked a minimum of 1250 hours

   

  In addition to the above, FMLA does not cover you if you do not report to a facility within 75 miles on a daily basis. I just learned this yesterday after finding out I don't qualify for FMLA due to the fact that I am in outside sales and I don't report to an office.

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• Skibunny07

  February 2011

  It might mean that you will run out of FMLA leave but you should check with your companies disability policy. If your company provides Short Term Disability then it should cover you for any time that you are considered disabled which would be any time before birth that your doctor writes you out as well as 6-8 weeks after the birth depending on delivery method. So even if your FMLA runs out you would probably still be covered under Short Term Disability, you would just not be job protected which means they could replace you if they wanted to. Most places won't though because they don't want to walk that fine line. 

  Another thing to consider is goggling NJ laws on leaves. Many states have leaves that cover you post birth so if you go out at 30 weeks, you would be covered under FMLA for 12 weeks and then once you actually give birth, your state leave law, if there is one, would cover you for a certain amount of time after you give birth. For instance here in Mass, we are covered for 8 weeks post birth. So you would probably be all set either way as long as there is a NJ leave law which I think there is.  

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