Stopping work early and short term disability...

Stephanie2167 · October 2013

I'm on MBR but have the ability to work from home. I took a sick day yesterday so that I could actually rest while DD was at daycare. I'm thinking about stopping work at 35 weeks so that I can rest for a few weeks before the girls get here. How does that work? With DD I worked all the way up until I went into labor (over Memorial Day weekend). Do I tell my work when my last day of work will be and then my doctor writes me a note to begin my short term disability? My doctor keeps offering to write me out but I want to work as long as I can since I do have to start paying for 3 in daycare come next year.

JordynLeighx3 · October 2013

You have your doctor write you out first and then give the letter to your employer.

mamatotwins0812 · October 2013

Yup you would have your dr write a note stating you should be out starting x date and the first day of work you miss starts your std/fmla (if applicable).

Stephanie2167 · October 2013

So if I take off early, does that mean I still get my STD pay through my 8 weeks after delivery? And then if I take an additional 4 weeks after the 8 weeks, that is unpaid through FMLA?

carrotcake06 · October 2013

Stephanie2167 said:
So if I take off early, does that mean I still get my STD pay through my 8 weeks after delivery? And then if I take an additional 4 weeks after the 8 weeks, that is unpaid through FMLA?

I just went through all if this and granted it may vary state by state, but to the best of my knowledge:

On the paperwork, it will ask for the day when your disability first started. This is when the clock starts, not when you have the baby. Also think if you plan to use vacation time, since you can't "double dip" vaca + std pay.

I went through a big ol' mess bc I orig thought I would take vaca, then 8wks std. Nope. Bc my std paperwork said my disability started the day the boys were born, that's when the clock started. I could choose to take vaca over std, but I wanted to save the vaca for when I returned to work to use over the holidays, etc.

I didn't take leave before I had my babies, but I did get a note to WFH 2x a week. Once that note was in to hr, I HAD to work WFH 2x a week.

babywillmake3 · October 2013

I don't believe you get STD for being out before delivery. I know STD pays out a total of 12weeks max but when I had my son, I was told that I had to take my vacation before delivery and then STD after. If you can figure out how to get written out before delivery user STD let me know. Maybe bed rest?

carrotcake06 · October 2013

babywillmake3 said:
I don't believe you get STD for being out before delivery. I know STD pays out a total of 12weeks max but when I had my son, I was told that I had to take my vacation before delivery and then STD after. If you can figure out how to get written out before delivery user STD let me know. Maybe bed rest?

I think it really does vary by state, bc my experience was different. I got 8wks paid std, plus some other partially paid time, and THEN took some vacation. It also depends on your employer and their policies. Also, some states don't offer paid std. I live in a different state from where I work and my "home state" doesn't offer paid std, but my "work state" does.

rkcaraway · October 2013

I was out for std for 7 weeks before I delivered (13 weeks early). On the day I delivered my leave was switched to maternity. I have 12 weeks paid from then. I think the best ppl to ask would be your hr dept. policies vary by company and state.

LottaLattes · October 2013

I was on bed rest and on STD for 8 weeks before having the babies. It did cut into my fmla, but my employer is very, very liberal about not being strict about it. I got 12 weeks paid leave and 8 weeks unpaid, after delivery.

mamatotwins0812 · October 2013

Stephanie2167 said:

So if I take off early, does that mean I still get my STD pay through my 8 weeks after delivery? And then if I take an additional 4 weeks after the 8 weeks, that is unpaid through FMLA?

Your std clock would start the day you go out. So if its 2 weeks before you deliver, that's 2 weeks of used std and fmla. There's no way around that unfortunately (I'm former hr). Your employer can always allow you to take more time off but your job wouldn't be federally protected beyond 12 weeks nor would you get any additional std compensation etc.

pizzo84 · October 2013

I went on disability from 24 weeks until 32 weeks (when I delivered). I had a note from my doctor to take the time from work. I live in Canada, and approval of my disability was at the discretion of Service Canada (I had to deal with my employer and the Canadian government... one to get the time off work, and then the other to get paid while I was off work). Not sure that this will be of any help to you if you live in the U.S.

huntersmommy1212 · October 2013

I believe it really depends on your company's policies. My company's policy pays a total of up to 6 months STD and then after 6 months it turns to LTD. I'm 24 weeks today and planning on having my OB write me out at my appointment tomorrow. My company requires a 5 day waiting period before STD payments are paid for which I will be allowed to use vacation days. I will collect 100% pay for the first 8 weeks I'm on STD and then 60% for the next four months, should I need it. Once the doctor okays me to go back to work (assuming 8 weeks after delivery since I will have a c-section), STD will stop. If I exhaust my FMLA while I'm on bed rest/maternity leave, my employer is not legally obligated to keep my job. FMLA doesn't apply for all jobs so you will need to make sure you have that coverage. Typically, FMLA and STD run concurrently.

matthew24 · October 2013

Std and fmla will run concurrently but are completely different arenas. Fmla is unpaid job protection where you can only take 12 weeks off per 12 month period unless otherwise stated in a contract or are given additional time. Short term disability, if offered through your employer, covers sickness related issues which prohibit you from working with an appropriate notice from your doctor. If your doctor writes you out on std at 34 weeks due to complications and you deliver at 38 barring any waiting periods your std will begin the day you are signed out until your delivery. Once you deliver, it is standard that your std will then pay 6 or 8 weeks and will end at that point post partum. So in this scenerio you would receive a total of 10 or 12 weeks. Regardless of when you are written out you will get that 6 or 8 weeks after delivery as that is what disability deems the recovery time from delivery can be. Your fmla will begin when you begin your std but will end at exactly 12 weeks from that date. Of course each std policy is different but usually they are similar in the time allotted but will differ in the pay amount and your use of vacation and sick time usage. Hope that makes sense.

Stephanie2167 · October 2013

Thanks all for your input. I actually think I may be more confused than before. Haha.

I want to take a total of 12 weeks after delivery. 8 will be STD (RCS) and the other 4 will be FMLA. I was thinking of asking to be written out at 35 weeks with hope to deliver at 37. So really only 2 weeks prior to delivery. Our company has a one week waiting period. I wasn't aware FMLA ran concurrently with STD.

I'll do more research.

10-4LilBuddy · October 2013

Talk to your HR dept. I had thought I could do STD for bedrest and still have my mat leave. Turns out our company policy does not allow for that - had to have a 4 weeks break btwn STD and mat leave. I could not count on that, so with my bedrest, I would have finished bedrest before delivery. It was a very frustrating policy. Luckily, my doctor's orders for bedrest gave me flexibility in working remotely. My boss was leary at first and we did it on a trial basis at first. Turns out I was more responsive and productive than a few of my co-workers who were in the office. Really helped my case!

tootsscott · October 2013

I have no advice bc it obv differs between Canada and US, but I worked up until 26 weeks. I'm 29 wks now and couldn't imagine going to work! Mind you, I worked daycare and that's just too damn much! The only chairs I could sit on were for 3 year olds!

Good luck!

matthew24 · October 2013

Stephanie2167 said:

Thanks all for your input. I actually think I may be more confused than before. Haha. I want to take a total of 12 weeks after delivery. 8 will be STD (RCS) and the other 4 will be FMLA. I was thinking of asking to be written out at 35 weeks with hope to deliver at 37. So really only 2 weeks prior to delivery. Our company has a one week waiting period. I wasn't aware FMLA ran concurrently with STD. I'll do more research.

Yeah, if you get written out at 35 weeks your fmla will start then which would then cut into to your plans with taking 12 weeks after the babies thus leaving 10 weeks. You could always speak with your employer to see if they will extend your fmla for two weeks. I am taking 6 months but that is because my government contract allows that long with job protection so it is possible they will grant it. Whenever you are out for a duration for medical or family medical it runs under fmla for your protection. Tl!

kgs0505 · October 2013

You have two causes of STD if you go out before baby is born. 1 - STD due to pregnancy. 2 - STD due to delivery of baby. You typically are on disability for 6 weeks after vaginal birth or 8 weeks after c-section. So the 8 weeks isn't a "total".

Your job should be fully protected up to 12 weeks on disability (FMLA). Mine is protected for up to 26 weeks for medical leave. The rules can be different depending on the location of your job. You're best bet is call HR and ask them what you are eligible for.

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