Medical leave and maternity leave???

haylo33 · March 2014

I go in tomorrow for a follow up renal US and then I'll see the doctor. I'm going through several scenarios in my head about what could happen. The doctor kept asking about my work situation at the last appointment so I'm scared he might say bed rest. My employee handbook at work describes medical leave and maternity leave both being a Max of 12 weeks in a calendar year. What if I need both? I know every place is different, but I'm scared if I stop working now, it will count as part of my maternity leave and I'll have very little time after the baby. I'm an RN so light duty is not an option

Mimaloo · March 2014

It depends on the employer. In NY (and maybe this is a federal regulation as well?) you have to request time off in writing. The employer must respond, in writing, within five business days stating whether or not your maternity leave counts as/towards your FMLA. If they do not then you are legally entitled to the FMLA on top of your maternity leave.

MrsT2008 · March 2014

The only way to get the answer that applies to you is to talk to your HR.

For me, my mat leave is covered under short term disability. I can go out up to 4 weeks before baby arrives and up to 6-8 weeks after (vaginal vs c-section). and the 4 weeks prior has to be ordered by my doc. However, my 12 weeks of FMLA starts as soon as my STD does, NOT as soon as baby arrives, so basically I'd be out my FMLA as soon as my STD ran out in that case. Otherwise, I'd have to put in for a medical leave of absence (about which I don't know the details).

cnbean · March 2014

When I was put on bedrest with DS the only leave I had was FMLA so the bedrest time ate up 4 weeks of my maternity leave. Which sucked at the time, but actually kinda worked out better for me in the end.

rainydayluck · March 2014

As I recently found out through my work, is that any medical leave past 90 days can qualify for long term disability, which is provided through my work. So if I was to be put on bed rest, I would probably file for LTD and then after the baby is born, that would continue as my LTD. At least that is what I think it meant. We don't have any maternity leave, only FMLA, LTD and STD (if I bought into it, which stupidly, I didn't).

haylo33 · March 2014

The handbook has a section on short term disability. Then it has another section covering leave of absence which includes family/maternity leave and medical leave. Does this mean they are different things?

MrsT2008 · March 2014

Really, none of us can answer that.

haylo33 · March 2014

Ya I know, I'm just confused on the terminology. I feel like it all means something similar. I will just take it as it comes. I was just hoping maybe it would be a federal thing where it is the same for everyone

biscuitsgirl2007 · March 2014

You really need to schedule an appt with your HR rep. Many of your questions are company and insurance policy specific. For instance, STD is an extra insurance policy I have to pay for and I must exhaust all paid time off before I can claim it and it's factored into the 12 weeks covered under FMLA. Medical leave and maternity leave are probably different leaves based on the definition of why you are required to be off work and can't be used separately for more time off. FMLA is 12 weeks of your job being protected, nothing more.