Maternity leave/FMLA

Melissa72777 · September 2013

Ok so has anyone figured out their maternity leave/FMLA? My employer states that I have 12 weeks of FMLA available but I can't seem to get anyone to tell me if that begins after my 6 weeks of short term disability or not. Based on what I'm reading on the NJ FMLA websites I am entitled to 18 weeks out of work w/out risking losing my job but again I can't tell if this includes my 6 weeks of STD or not. Has anybody had better luck than me at figuring this all out?

melaport · September 2013

Ultimately you should check with your HR department.

FMLA - guarantees your job for up to 12 weeks (no pay)

NJ STD - up to 6 wks paid after giving birth

NJ Family Leave insurance - 6 wks paid time to bond with an infant

NJ STD & Family Leave will run concurrent with FMLA. You get paid via STD & Family Leave but your job is guaranteed via FMLA. Your employer has to meet certain requirements to qualify for FMLA (ie > 50 employees) & you have to meet the requirements for the time you have worked otherwise you only qualify for STD & Family Leave without your job being guaranteed. Some employers have personal STD plans so only you/your employer would know that. Also, depending on your company policies you may be required to use sick or vacation time for part of the 12 weeks of FMLA.

Melissa72777 · September 2013

Yes I realize all of this and the problem is that I work for a very large company so getting answers from the HR/Benefits department is like pulling teeth. I have short term disability coverage through my work as well as through Aflac so I'm not too concerned about the pay issues, I'm just trying to find out if I'm eligible for 18 or 12 weeks total that I can take off w/out losing my job.

melaport · October 2013

To my knowledge FMLA only guarantees 12 weeks. I have never heard of 18 weeks and have used FMLA in the past.

Kitty1225 · October 2013

This is how it works for me.

I am not taking any time before; I want to save all of it for when the baby is here.

FMLA is 12 weeks unpaid, but some employers will make you use vacation/sick time. After I use my vacation/sick time, I will apply for temporary disability for the remainder of my FMLA. So for me, I will have 6 weeks full pay and 6 weeks temporary disability (paid through the state)

After the 12 weeks, I apply for FLI which is an additional 6 weeks, but again, paid through the state so it is not through my employer

My doctor has to fill out an FMLA form to show when I can return to work. My doc writes me out the 12 weeks so if I had enough vacation/sick time (I did with my first) I received full pay for 12 weeks then did FLI

Melissa72777 · October 2013

OK so I spoke with my disability nurse yesterday. She confirmed that through my work & NJ I am eligible for 18 weeks out total 12 weeks FMLA (which includes my 6 weeks of STD) and then 6 weeks of "bonding" time through the state of NJ. Because it is a state mandated thing my employer cannot fire me or give away my job after the first 12 weeks. I am entitled to take 18 weeks straight. This is great news for me. However, in order to get that 6 weeks bonding time I need to file w/the state. Also to get paid under Family Leave Insurance through the state for those 6 weeks I also need to file w/the state. Is anyone a Second Time Mom who has had to file for this before? From everything I'm reading online, I am not able to file for this until after I deliver the baby.

Kitty1225 · October 2013

@Melissa; I am a second time mom and I did FLI for 6 weeks of bonding time in addition to 12 weeks FMLA. HR will give you the FLI form. For me, I had to hand this to HR after I had the baby (they will let you know when it needs to be back) they fill out a portion of the form and the birth certificate needs to be attached. They send it to the state and you will receive payments from there. I received payments very quickly after that.

NotYourBabyMama · October 2013

I'm in NJ. You are also eligible to take 4 weeks prior to the due date under STD for a normal pregnancy. I'm taking 4 weeks before - 6 weeks after (hoping for non-surgical delivery) which is 10 weeks of STD. This is all under FLMA time. If you go past your due date you could potentially get up to 12 weeks STD and still have job protection under FLMA. STD runs until your doctor declares you are no longer temporarily disabled due to pregnancy/childbirth...and in theory you can be out longer due to complications. However, after 12 weeks, your job is no longer protected under FLMA.

AFTER you are no longer considered disabled, you can take NJFLA, which works in conjunction with NJFLI - 6 weeks are paid at your disability rate. NJFLA is 12 weeks of job protection, not 6...but NJFLI only runs 6 weeks. FLMA and NJFLA run concurrently in pregnancy only after you are no longer considered temporarily disabled.

If you feel you need more time off before the baby, I suggest talking to your Dr. about getting a note to get on STD before delivery. I have an hour commute each way, plus my salary at a non-profit (after taxes) is not much more than the STD rate. No sense in killing myself in the last month when the laws work in our favor.

Mrodriguez898 · October 2013

It begins after your usual 6 weeks

Durve2008 · November 2013

Is the 4 week period prior to birth on STD paid? Also, does that eat into your paid leave time after the baby arrives?

unofficialJERSEYGirl · November 2013

NotYourBabyMama said:

I'm in NJ. You are also eligible to take 4 weeks prior to the due date under STD for a normal pregnancy. I'm taking 4 weeks before - 6 weeks after (hoping for non-surgical delivery) which is 10 weeks of STD. This is all under FLMA time. If you go past your due date you could potentially get up to 12 weeks STD and still have job protection under FLMA. STD runs until your doctor declares you are no longer temporarily disabled due to pregnancy/childbirth...and in theory you can be out longer due to complications. However, after 12 weeks, your job is no longer protected under FLMA.

AFTER you are no longer considered disabled, you can take NJFLA, which works in conjunction with NJFLI - 6 weeks are paid at your disability rate. NJFLA is 12 weeks of job protection, not 6...but NJFLI only runs 6 weeks. FLMA and NJFLA run concurrently in pregnancy only after you are no longer considered temporarily disabled.

If you feel you need more time off before the baby, I suggest talking to your Dr. about getting a note to get on STD before delivery. I have an hour commute each way, plus my salary at a non-profit (after taxes) is not much more than the STD rate. No sense in killing myself in the last month when the laws work in our favor.

Does this still apply if your company is based in NY but you are a NJ resident? Thanks for the information?

callmeJing · November 2013

To: @Melissa72777:

FMLA and NJ FLA are both for 12 weeks and DO run concurrently with each other. They both begin the first day you take off due to your pregnancy (which in NJ is 4 weeks prior to your due date unless you have a medical reason to go out on disability earlier). These are the laws that protect your job and are unpaid.

From NJ FLA Handbook: "Because New Jersey state law provides greater benefits than the FMLA does in some situations, an employee could combine entitlements under the state and federal laws to obtain more leave than either law would provide alone (see ¶1000). If the employee's requested leave qualifies under both federal and state laws, the FLA leave and the FMLA leave run concurrently. If not — for example, if the employee takes leave to care for a parent-in-law, which is permitted under the FLA but not the FMLA — he or she would still be eligible to take FMLA leave for a reason qualifying under that law."

Short Term Disability Insurance is what pays you during the leave.

The NJ Family Leave Insurance is not the same as NJ FLA/FMLA. Taking advantage of NJFLI past the 12 weeks of FMLA will not protect your job, it will provide you with Insurance (pay). The following is an excerpt of the NJFLI provided by my benefits department:

"Beginning July 1, 2009, New Jersey law will provide up to six (6) weeks of Family Leave Insurance benefits. Benefits are payable to covered employees from either the New Jersey State Plan or an approved employer-provided private plan to:

Bond with a child during the first 12 months after the child’s birth, if the covered individual or the domestic partner or civil union partner of the covered individual, is a biological parent of the child, or the first 12 months after the placement of the child for adoption with the covered individual."

TO @UnofficialJerseyGirl : With my second child I was working in NYC (2 years) and living in NJ and I qualified under the NJ Laws.

unofficialJERSEYGirl · November 2013

callmeJing Thank you for the explanation. My employer did not share this information at all with my first. One final question...can I arrange my NJFLI independent from my employer? I do receive some maternity benefits through my employer but would like to take advantage of the opportunity to be on extended leave.

NotYourBabyMama · November 2013

I work and live in NJ. My understanding is NJFLA is only for people who work in NJ...and the NJFLI deduction (paying 6 of the 12 weeks during my NJFLA protection) comes out of my weekly paycheck. If you work in NYC, I don't see why they would be taking that tax out of your paycheck just like they don't take NYC taxes out of mine working in NJ.

It clearly states in the NJFLA that this law does not cover a person's own disability...ie, you are not protected under NJFLA until AFTER you are no longer disabled. Even though you have had the baby and are essentially "caring for a baby", you don't fall under the NJFLA until the 6 or 8 weeks after birth...or whenever your Dr. clears you from the short term disability. Only then do the remaining FLMA and the start of NJFLA run concurrently. Any HR personnel telling you differently is mistaken or not giving you your allotted leave time purposely. My HR person, although very sweet, got schooled by me when I brought a copy of the law to our meeting highlighting that NJFLA is only for the care of a family member and not for ones own disability...she even had to call someone at the state to "wrap her head around it".

kellnstell · November 2013

NJFLI only applies to people that WORK in NJ. If you live in another state but work in NJ you are eligible for the additional paid 6weeks of baby bonding time.

Tnweaver · November 2013

So did you get the baby bonding forms from HR or from the state? From what I've read online, it looks like you can't file for baby bonding until after your disability runs out.

kellnstell · November 2013

You can file the paperwork ahead of time so when your disability runs out FLI kicks right in. You can get paperwork from your HR department or download it from state website. Either way your employer must fill out their section before it can be submitted.

mercy0606 · December 2013

Does anyone have info on how this works for school employees? I am an administrator and can't find anything in our contract...so, my question is this:

I am due 7/1 and plan on taking my twenty sick days before baby is born starting 6/2. Since my baby is due in the summer and I am a 10 month employee, do I lose my opportunity to take 20 sick days after the baby is born since I technically would not start work again until September?

HobokensFury · December 2013

mercy0606 said:

Does anyone have info on how this works for school employees? I am an administrator and can't find anything in our contract...so, my question is this:

I am due 7/1 and plan on taking my twenty sick days before baby is born starting 6/2. Since my baby is due in the summer and I am a 10 month employee, do I lose my opportunity to take 20 sick days after the baby is born since I technically would not start work again until September?

If you are a 10 month employee you wouldn't be able to use your sick days if school is not in session. I believe you can use them once school resumes in September. (This is how my district does it)

Cathie2024 · January 2014

Damn I should've been a teacher or something in a NJ school system.. Arrgh! My company only gives out 2 weeks vacation until 10 years then we get 15 days. You guys have it made!

HobokensFury · January 2014

Cathie2024 said:

Damn I should've been a teacher or something in a NJ school system.. Arrgh! My company only gives out 2 weeks vacation until 10 years then we get 15 days. You guys have it made!

That's pretty ignorant.

MitsB707 · January 2014

HobokenBride2012 said:

Cathie2024 said:

Damn I should've been a teacher or something in a NJ school system.. Arrgh! My company only gives out 2 weeks vacation until 10 years then we get 15 days. You guys have it made!

That's pretty ignorant.

I agree. Teachers work their butts off and deserve those benefits.

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