FMLA--Maternity Leave SO confused

Re: FMLA--Maternity Leave SO confused

• emriley84 member

  January 2013

  Some companies won't let you use vacation time and disability together. So you will be on disability for 6-8 weeks, then you can use your vacation time during the rest of your leave. You can only use your STD while you are actually on disability, not during the whole leave.

  With DS#1 I went out at 36 weeks, so for 4 weeks before, and 6 weeks after I was on disability. I used that and my extended sick bank during that time. Then I used my vacation time. Idk if your employer does the same thing, but that's how it worked for me.

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• linds617 member

  January 2013

  My company does not have maternity leave either, so from my understanding I will be taking 6 weeks of short term disability - 1 waiting week with no pay, 1 week fully paid, then 4 weeks at 50% pay. After that period of time is over, I am able to use my paid vacation time until I return to work.. but first I have to use up the allotted STD time. Basically when the short term disability is up, they are saying that is the "end" of maternity leave, even if you are planning to take more time off using your vacation time. Not sure if that helps or makes any more sense..
  

  

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• mcooper014 member

  January 2013

  Are you saying you want to collect disability at the same time you collect your vacation pay?  I don't think you can legally collect both at the same time.  Different states may have different laws but I don't think you can collect more than 100% of your predisability salary while on leave.  Regarding your comment about paying insurance out of pocket, I believe you pay the same amount of insurance while on leave.  Normally, it would be automatically deducted from your gross pay but with STD it is not automatically deducted so you have to pay that out of pocket, but net/net it should be the same cost to you.

  

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• Mmm79 member

  January 2013

  Hmmm.  At my company, sick time and vacation time are all rolled into one bucket with no differentiation (it's all called "earned time off"). I do think it's kind of crazy no to let you use vacation days in order to be paid during you maternity leave, but if you look at it another way they seem to be saying that you get your FMLA 12 weeks (and can use sick time to get 100% of salary and then STD to get 60% of your salary) but then at the end of 12 weeks you can tack on any vacation time to take additional weeks with your LO at full pay.    

  
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  BFP#2 3/25/12 ~ Heartbeat 141 4/16/12 ~ No heartbeat 4/25/12 ~ D&C 04/30/12 
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• letzgoracing81

  January 2013

  mcooper014:

  Are you saying you want to collect disability at the same time you collect your vacation pay?  I don't think you can legally collect both at the same time.  Different states may have different laws but I don't think you can collect more than 100% of your predisability salary while on leave.  Regarding your comment about paying insurance out of pocket, I believe you pay the same amount of insurance while on leave.  Normally, it would be automatically deducted from your gross pay but with STD it is not automatically deducted so you have to pay that out of pocket, but net/net it should be the same cost to you.

  No....I was hoping to use my vacation time BEFORE the STD kicks in.

  
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• onlymeggan

  January 2013

  mcooper014:

  Are you saying you want to collect disability at the same time you collect your vacation pay?  I don't think you can legally collect both at the same time.  Different states may have different laws but I don't think you can collect more than 100% of your predisability salary while on leave.  Regarding your comment about paying insurance out of pocket, I believe you pay the same amount of insurance while on leave.  Normally, it would be automatically deducted from your gross pay but with STD it is not automatically deducted so you have to pay that out of pocket, but net/net it should be the same cost to you.

  A lot of places will let you use your vacation in conjunction with your STD to make up the difference.  STD typically only pays 60% of what you normally make and then the vacay would supplement the other 40% until it ran out.  My company fortunately uses all of my PTO up and then they pay 100% of my normal salary while I'm off.  Once I return and start accruing PTO time again it "pays back" the part they paid me.   I'm shocked that OP's company doesn't cover the insurance while she's off.  I thought that was standard practice.

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• letzgoracing81

  January 2013

  Ok...so I think things are making more sense.  I think just putting it on the board and having you guys simply clarify things made it all seem a little more clear.  kwim?

  They are going to take my double my normal $$ towards insurance in the paycheck PRIOR to leaving for maternity leave....this way I don't have to worry about sending checks to cover my portion of the insurance cost while I am out. 

  Having so much unused vacation time may allow me to take a little time off prior to the baby coming to get stuff done????

  
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• Gummibesrskw81

  January 2013

  Well sounds like you can stretch out your time. For me I'm taking 2 weeks vacation fully paid that will flow into my 6 weeks of STD 65 of pay and then I'm taking an additional 4 weeks that's covered under FMLA non paid. 12 weeks total. It's a shame America doesn't have better maternity leave for parents like other countries do. Canada moms get up to a year and dads 6 months I believe. GL!!

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