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January 2012 Moms
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FMLA question

bigbearbigbear
in January 2012 Moms

OK I'm not from the US originaly and have to admit that things like health insurance, deductibles, FMLA, short/long term disability and things like that confuse the heck out of me. LOL

So here is what I'm wondering: I was explained by HR that FMLA and short term disability kind of go together. The first 6 weeks are FMLA and paid at 60%, then other 6 weeks are STD and are not paid at all.

Then I was told that the first 6 weeks can be shorter if the doc says I can return to work before the 6 weeks have past and so then the STD kicks in at no pay.

But what if the doc for example puts me on leave or says I can't return to work for 8 weeks or whatever. Does the FMLA stay in place and the other 6 weeks kick in after I'm released to go back to work? And am I still paid at 60% during that time?

Sorry if I'm coming off as a complete moron but I am so confused with this stuff.

TIA!!!! :)

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Re: FMLA question

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    cschissellcschissell member
    I am no expert, but a few things.  1) You have them backwards.  FMLA holds your job for 12 weeks (paid or unpaid it depends on your company).  STD is what you get paid at 60% with for the first 6-8 weeks depending on what type of delivery you have and your recovery.  2) If you have a c-section or the doctor doesn't clear you for work for any other reason after 6 weeks then you should still get paid from STD, but I am not positive on that.


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    rnkrs10rnkrs10

    This is my understanding:
    FMLA is to protect your job. That way while you are out after having the baby, your employer has to save your position for you.I believe that the max amount of FMLA is 12 weeks.  I get paid from my short term disability for any amount of time that the doctor says I cannot work. Therefore, if I have the baby vaginally I will get 6 weeks of STD pay. However, if I have a CS I will get 8 weeks of STD Pay. If the doctor says I can go back to work after the 6 or 8 weeks, I can stay out of work, protected by FMLA however I will not get paid by STD since the doctor cleared me for work. Hopefully that makes sense, that's my understanding.

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    bigbearbigbear

    OH ok thanks so much!! OMG I was making this way too complicated.

    So I get 12 weeks, how many of those are paid is determined by when the doc clears me for work.

    Now here is another thing: LOL

    Due to my supervisor being a douche (wants me to put in half day PTO tomorrow for doc and then wants me to stay full day to finish up all the work - YEAH I KNOW CRAZY) I spoke to HR and she said that those appointments technically fall under FMLA as well so she will go this route with my supervisor.

    So then what happens tomorrow? Do I lave after 4 hours regarldess of whether the work is done or not?? I asked HR today and said so do I just leave and she said "no wait I want to talk to her first and explain how everything works"

    I just don't want to get f'd over. HR did say, she won't take this little time in consideration when I"m actually on a leave but it's just to make it easier on me right now.

     

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    rnkrs10rnkrs10

    That will all depend on your HR department and whether you are salary vs hourly etc. However, any FMLA days you take now prior to goig out on Maternity leave are taken out of your 12 weeks. So lets say you take 7 days of FMLA now for doctors appointments, when your LO is born you would be down to 11 weeks of FMLA left.

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    chemmie03chemmie03
    I would just wait and see what your HR person tells you. It seems to me that your HR person is trying to help you out and is just telling your supervisor that you are protected under FMLA even tho I don't think she is actually using FMLA. I think she is trying to tell your boss, she can do it one way or another. Have you work extra hours or have you take PTO, but not both.
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    bigbearbigbear

    imagechemmie03:
    I would just wait and see what your HR person tells you. It seems to me that your HR person is trying to help you out and is just telling your supervisor that you are protected under FMLA even tho I don't think she is actually using FMLA. I think she is trying to tell your boss, she can do it one way or another. Have you work extra hours or have you take PTO, but not both.

     

    Ya that is the impression I had as well... She said "nobody of course ever takes FMLA before baby for appointments but just put that in your FMLA request right now and I won't worry about it".

    So to me that means it's just to help me out with the situation as my supervisor is very difficult and takes things personally.

    Thanks :)

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    DEBBIE33CASEYDEBBIE33CASEY
    imagernkrs10:

    This is my understanding:
    FMLA is to protect your job. That way while you are out after having the baby, your employer has to save your position for you.I believe that the max amount of FMLA is 12 weeks.  I get paid from my short term disability for any amount of time that the doctor says I cannot work. Therefore, if I have the baby vaginally I will get 6 weeks of STD pay. However, if I have a CS I will get 8 weeks of STD Pay. If the doctor says I can go back to work after the 6 or 8 weeks, I can stay out of work, protected by FMLA however I will not get paid by STD since the doctor cleared me for work. Hopefully that makes sense, that's my understanding.

    This is exactly right, according to what our policies are.
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