FMLA vs. Maternity Leave — The Bump
November 2011 Moms

FMLA vs. Maternity Leave

My company offers us  very generous maternity leave. I was just thinking am I required to file FMLA paperwork if my company provides maternity leave through their STD?

Basically I'll be taking short term disability for maternity leave. I get 3 weeks at 100% pay since I've only been there a little over a year, and then up to 23 weeks at 60% (not that I'll take that much but it's there if I need it.)

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Re: FMLA vs. Maternity Leave

  • Wow! I am jealous! I only get 12 wks. Only 6 of that is paid through my Aflac short term disability. I'm not sure if you'll need to file for it, I would check with HR.
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  • I'm jealous of you both...I only get 6 weeks!

    I'm no help for your original question.....just wanted to whine. :(

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  • I would still file for FMLA.  It guarantees that your employer hold a job for you for 12 weeks. 
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  • image littlewinnie15:

    I'm jealous of you both...I only get 6 weeks!

    I'm no help for your original question.....just wanted to whine. :(

    Trust me, I was shocked when I talked to head of HR and she told me that. I figured 6-8 for vaginal and 8-12 for csection tops. They obviously don't want you to stay gone for 25 weeks, but it's there if you need it. 

    I'm only taking 8 so long as I have a vaginal birth, 2 of which will vacation time so I can get more 100% pay then 60% since LO's father and I don't live together.  I know that my boss will have to get a temp since I'll be out longer then 6, but I know my job will still be there when I get back.

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  • FMLA secures your position or equal position for 12 weeks.  I believe you only file paperwork if your company is larger than 50 people.
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  • image mbgreenwalt:
    FMLA secures your position or equal position for 12 weeks.  I believe you only file paperwork if your company is larger than 50 people.

    It is larger then 50 people, but if I'm already guaranteed maternity leave and my job when I get back why would I file FMLA? I thought you only did that if you weren't offered maternity leave.

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  • You will not need to file FMLA. You can use your works maternity leave. If you want more than your job provides then you have to exhaust all of your vacation time and then file for FMLA. At least that is my understanding. I only get 6 weeks for vaginal and 8 weeks for c-section.
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  • It depends on your company policies - at my job if an employee is out more than 3 days for medical reasons the policy is that FMLA paperwork is filed.


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  • image Vieve831:

    It depends on your company policies - at my job if an employee is out more than 3 days for medical reasons the policy is that FMLA paperwork is filed.


     

    This is how it is at my job too, especially if you are filing for STD, And if you are out more than six weeks, you have just have to keep sending them the dr.'s letter saying you are still out for medical reasons.

    When you know you are going to be done, or close to being done, just go check with your HR person, and they will give you all the necessary the papers, they are easy to fill out. I just had to fill mine out last week. 

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  • I would question what your HR person told you. (It's better to have it clear and in writing then to make plans be out and be told they made a mistake) I have many weeks of STD that I could use if medically necessary however they do not apply to maternity. If I carry to term I am only allowed to 6 or 8 weeks for recovery. I can take FMLA however it includes the STD time because I work in CT it is 16 weeks. so I can go 10 weeks before I go back to work unpaid. My STD time is paid at 100%.

     I realize all companies are different but that seems unheard of for an American company to be that generous. 

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  • I would get the companies policy in writing from HR.  With my company, I am provided STD concurrently with FMLA for maternity leave.

    Filing the FMLA paperwork would not hurt in any way, rather it will protect you for 12 weeks ... why wouldn't you file for that protection?

  • My job makes me choose.

    1. 3 weeks paid from them and then use of my vacation and sick time. ALL 100% paid. So anywhere from 6-8 weeks depending on your vacation time. Ihave 3 weeks vacation and a week sick.

    2. Short Term Disability (FMLA): Up to 12 weeks of pay at 60% I think. I have to double check. I am remembering from back when I had my son.

    I chose full pay for son and will prob do the same with DD. Plus, even though they "can't" I don't want them to hold it against me for being gone so long. Who wants their job to see they can run it without them.. hahaha

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  • image Augustbride:

    I would question what your HR person told you. (It's better to have it clear and in writing then to make plans be out and be told they made a mistake) I have many weeks of STD that I could use if medically necessary however they do not apply to maternity. If I carry to term I am only allowed to 6 or 8 weeks for recovery. I can take FMLA however it includes the STD time because I work in CT it is 16 weeks. so I can go 10 weeks before I go back to work unpaid. My STD time is paid at 100%.

     I realize all companies are different but that seems unheard of for an American company to be that generous. 

    I already got in writing from the head of the HR department, but she said nothing about filing FMLA paperword that it would just be STD that I would be using through MetLife.

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