Is your maternity leave = sick leave?

pblge · October 2014

I'm getting a major run around from my HR department about my leave options in the spring. One HR person just told me that the "six weeks paid maternity leave" that I've been promised since I started here is really just spending down my sick time. So if I didn't have six weeks sick leave accrued, I wouldn't get that much maternity leave. To me, this isn't maternity leave, this is just allowing me to be sick because I just had a baby, but maybe I'm not understanding how this works in the US.

For those that have any maternity leave (and I do realize that many here don't) is it separate from your sick leave?

schwabab · October 2014

I have to use my sick time and apply for FMLA which is unpaid.

catlover790 · October 2014

I'm sorry you are dealing with this! Do you have anything in a contract stating it is a maternity leave? I think they would have to honor it if it's stated as a maternity leave. I've seen both; some people have to use sick time if they want to be paid for the time off, others have an actual leave policy with their company.

I think (I still haven't talked to work or HR) that I have to use my sick time and any additional time that I want I am permitted to take but it will be unpaid. I'm a teacher.

I really hope this is a misunderstanding and you get your paid leave! It would be very upsetting if that was something that made you accept a job offer only to see it wasn't true. Good luck with everything.

jmhansen11 · October 2014

Here's how it was explained to me, and I am in California, so I'm not sure if it's different in your state.

Once I go out on maternity leave, I will go on Short Term Disability and/or Family Medical Leave (FMLA). I would take Short Term Dis. up until 4 or 6 weeks, whenever my doctor deems me "fit to work" again. Then, if I wanted MORE time off, I would go on FMLA leave (you can take up to 12 weeks for maternity). You do no take these two types of leave at the same time, rather you take them back-to-back, so you could potentially have 4-5 months off.

Both Short Term and FMLA offer about 55% of your current salary (they base it on the previous quarter earnings). You would apply for it similar to how you apply for unemployment.

Then, you use your accrued SICK time to make up the difference in pay.

It's definitely confusing, and I'm still not totally sure I have it all down, but hopefully it helps.

laramcg88 · October 2014

Some companies offer paid short term disability leave as benefits, FMLA is the law and allows you 12 weeks off total within the span of a year. (Prenatal care/doctor visits/ delivery and recovery)

Anicole14 · October 2014

Some companies make you use up all your sick leave before short term disability kicks in. Then you will get 6 weeks paid starting the date your sick leave is used up. It has something to do with the insurance company that your work associates with. However if you're being told that you can only use sick time, that's not going by fmla or short term disability policy, and that doesn't sound right to me. Do you work for a large or small company?

pblge · October 2014

I'm at a large public university. This is important because I'm a faculty member so "sick time" is different for me. If I got the flu and couldn't come in all next week, I don't need to take 40 hours of sick time, just for the days that I would have needed to be here to teach or attend the handful of required meetings. For next week it would be closer to 16 hours. If my "six weeks paid maternity leave" just means that I have to spend my sick time down by 30 days, I see no benefit for claiming maternity leave, as opposed to just being sick for a while. ESPECIALLY because a lot of those six weeks are at the end of the semester when I'm grading, but not technically required to be anywhere, so I wouldn't have to take any sick time if I was just sick.

Flowerstar1023 · October 2014

My maternity leave is paid sick leave. I should have about six weeks accrued by April assuming I don't need to use any of it. And then, if I wanted more time off I could do unpaid FMLA. Plus then my state allows additional time after that. But, I'm planning on just using the sick time and then my husband will quit his job since we're moving in late June anyway after my program is completed (medical residency). Otherwise I'd have to extend residency.

shines721 · October 2014

We are offered 8 weeks paid maternity leave (but the paid means using up your accrued sick days.. no vacation days here, as I'm a teacher) and can elect to take up to 12 weeks off for vaginal delivery and 14 for caesarian but those additional 4/6 weeks are unpaid.

pblge · October 2014

It's sounding like it's rare to have maternity leave that isn't sick time, unless it's partially paid and under disability/FMLA. This is very different than what I thought.

pblge · October 2014

mbm1983 said:

pblge said:

It's sounding like it's rare to have maternity leave that isn't sick time, unless it's partially paid and under disability/FMLA. This is very different than what I thought.

it all just really depends on your employer. if you are confused i would request a meeting/sit down with them so you can try to plan financially how you are going to handle things. and don't leave until you are clear. that's what HR is there for. they should be able to help you with these types of things.

The problem is, in part, that they're giving me different answers. The university has actually recognized that they have a problem in this area compared to similar schools, so their policies are under review. It's just not likely to be changed soon enough to affect me.

bmblebea · October 2014

I can use 40 sick days, so approx 8 weeks, and I will get paid and then I will take the extra 4 weeks unpaid under FMLA- to make 12 weeks total. I've been putting money aside into a separate account so I can 'pay myself' during the time I won't be getting a paycheck.

Anicole14 · October 2014

Okay yeah It sounds like if you don't have short term disability then they allow you to use your sick time for pay. I have 6 weeks paid but my paid is through short term disability I purchased through supplemental insurance. It's so confusing and it sounds like different areas have different policies on this. Hr should have something in writing to clarify this they can give you, maybe employee handbook?

mary62108 · October 2014

I work for the school district and my maternity leave is the same way. I get 6 weeks for a vaginal birth or 8 weeks for a c-section. However, I have to use my accrued sick days to cover these 6 or 8 weeks. You are allowed to take up to 12 weeks for "family bonding time" but the additional 4 or 6 weeks are unpaid and you still have to use sick days. Also, my DH is allowed to take paternity leave (he also works for the school district) but whatever days he takes would take away from my leave. It's insane how they work it here.

jobotrobot · October 2014

Our mat/pat leave is 6 weeks paid, then you can use vacation time followed by sick time only if your doctor puts you in for sick leave. Then we get up to 12 weeks unpaid leave via FMLA. My friend also gets disability on top of that but I don't at my job.

I was told I could also apply for catastrophic leave if I don't have sick time and those who have a lot and don't use them can donate them to me if I am approved.

Edit to add: I also work for a uni and have time off in the summer, so my plan is to work up until I possibly can (April 6th is EDD), take 6 weeks which will take me to mid May, use two weeks of vacation time and then have June and July off, returning in August, unless I take the 12 weeks FMLA. But this will only work if this baby stays put until 04/6

bagel37 · October 2014

I'm in canada, and it appears that maternity leave is drastically different between the two countries. But I get (actual maternity leave... Not sick leave) 12 months of maternity leave to be split between partners (husband and wife). I work in a government job, so I understand that this only applies to government workers. But as my husband and I are both government workers, we would decide to spilt the 12 months.

That being said, he isn't taking any maternity (or paternity... Since he is the man) leave. But he will get a week of medical leave, to assist me. This medical leave is different than sick leave and pat/mat leave. If he wants additional time, he will use his vacation time. Not sick time.

pblge · October 2014

Yeah, I don't get vacation time because I'm technically only employed nine months of the year.

)

MagalinaH · October 2014

Like many other posters, my "maternity leave" is really just using accrued sick leave. My district do not have an actual Maternity Leave policy. We can still take up to 6 weeks leave (8 for c/s), but you only get paid for those days if you have the time saved up.

Iowa also does not have a short term disability program. AND, because I'm not technically employed year-round, my school district does not offer their own STD program.

Luckily I have 50 days saved up, plus 2 personal days so I should be okay for getting through to the end of the year without a problem. Fingers crossed Old Man Winter isn't an asshole this year and we don't have 500 snow days to make up. If I have to take a few days unpaid, it'll suck, but so-be-it.

Edit: Clarity

[Deleted User] · October 2014

The user and all related content has been deleted.

pblge · October 2014

Ladies, we seriously need to do something about maternity leave in this country. Just look at what @bagel37 wrote and compare it to the crappy deal we get! Call your congressional reps!!! This bill was debated some time ago, but since congress is mostly rich white old men they don't give a damn unless we tell them they have to.

@Grailseeker14 - I had friends give birth in similar situations to you, living where you do now, and you are eligible for a lot of social services. Be sure to access all that you can!

mhickey426 · October 2014

I used sick and maternity leave and vacation. I work in a school. I used 10 sick days to get me from my due date until easter break. I got paid for those 10'days. I then got paid for the 2 weeks of easter break. After Easter break I went on maternity leave. It was temporary medical disability which equals shit pay. Sick days and maternity leave are different but some companies have different policies. Get the company handbook and read up. If what the company hand book is different then what you were told at least you will have it in writing.

doxiemom415 · October 2014

We don't technically have maternity leave. Basically you can use whatever sick and vacation time you have, and once that is spent, then you're unpaid until you come back. With a max of 12 weeks. But if you take those 12 weeks, and then you decide at the end of it not to come back to work, you have to pay back all of the vacation/sick leave you spent. So that's neat. It frustrates me because granted, my company started out as mainly male.. but now there are plenty of women within the company to warrant a policy change. But they won't, for fear of upsetting the girls that have already had kids that didn't get maternity leave. Cluster. Fuck.

dana1047 · October 2014

My work doesn't have "sick days". It's just all lumped into PTO. I'm required to take it all before maternity leave which stinks!! I get 4 weeks PTO.

I'm the main bread winner and as a FTM the 12 weeks will be tight money wise. At least I'll get 60% of my current salary.

My company isn't bad compared to most. They even reimburse 33% of adoption costs.

purple_2012 · October 2014

I'll be out for 6 weeks. 4.5 of those weeks will be paid. I could take a full 12 weeks, but we can't afford for me to be out for that long unpaid.

purple_2012 · October 2014

I'll be out for 6 weeks. 4.5 of those weeks will be paid. I could take a full 12 weeks, but we can't afford for me to be out for that long unpaid.

lexyraejay · October 2014

doxiemom415 said:
We don't technically have maternity leave. Basically you can use whatever sick and vacation time you have, and once that is spent, then you're unpaid until you come back. With a max of 12 weeks. But if you take those 12 weeks, and then you decide at the end of it not to come back to work, you have to pay back all of the vacation/sick leave you spent. So that's neat. It frustrates me because granted, my company started out as mainly male.. but now there are plenty of women within the company to warrant a policy change. But they won't, for fear of upsetting the girls that have already had kids that didn't get maternity leave. Cluster. Fuck.

Upsetting the girls that didn't get it??? I'm sorry for them, but shouldn't everyone be happy that it changes for the better? That's really disheartening!

Critter015 · October 2014

For my maternity leave I had to use short term disability. There was a 14 day waiting period for it so all of my sick time and PTO was used up to cover that 14 day period as much as possible before the disability kicked in. It was really frustrating to return to work with a 6 week old baby who had doctor's appointments and kept getting sick because of daycare when I had no sick time or PTO to use. I had to work a lot of Saturdays when she was tiny to make up the time.

OneLastRefrain · October 2014

I work in a school and we can have 6 weeks maternity leave paid, by using our sick days. I don't have 6 weeks of sick days saved up (only my second year at this job), so I will be out unpaid for part of it.

It's bullshit.

SuperFudge00 · October 2014

jmhansen11 said:
Here's how it was explained to me, and I am in California, so I'm not sure if it's different in your state.

Once I go out on maternity leave, I will go on Short Term Disability and/or Family Medical Leave (FMLA). I would take Short Term Dis. up until 4 or 6 weeks, whenever my doctor deems me "fit to work" again. Then, if I wanted MORE time off, I would go on FMLA leave (you can take up to 12 weeks for maternity). You do no take these two types of leave at the same time, rather you take them back-to-back, so you could potentially have 4-5 months off.

Both Short Term and FMLA offer about 55% of your current salary (they base it on the previous quarter earnings). You would apply for it similar to how you apply for unemployment.
Then, you use your accrued SICK time to make up the difference in pay.

It's definitely confusing, and I'm still not totally sure I have it all down, but hopefully it helps.

California here as well. This is how I understood it based on my HR rep and the state website.

CFRA (California Family Rights Act) is different from both FMLA and Paid Maternity Leave (PML). Both PML & CFRA are paid through state disability at a max of 55% with a salary cap. CFRA starts after the baby is born and has its own job protection. PML is pre-delivery and protected under FMLA. PML max is 12 weeks and CFRA is a separate max 12 weeks. Both are based on need (physician/provider certified) but CFRA includes 6 weeks baby bonding that can be used later so long as it is completed within a 12 month period and does not exceed 12 weeks total including the initial maternity leave (not PML). So that if you provider can justify your need + baby bonding, you can have a total of 24 weeks. State disability kicks in after one week so you have to be out at least two weeks in order to receive benefits for the second week.

The way my job works is that I will use PTO for my first week and then disability kicks in at 55%. My PTO continues to be used to account for the other 45% so that I receive a full salary and they have something to deduct my benefit premiums from. My employer offers no paid leave and if I didn't have a PTO bank I would have to rely on the state only.

MagalinaH · October 2014

OneLastRefrain said:

I work in a school and we can have 6 weeks maternity leave paid, by using our sick days. I don't have 6 weeks of sick days saved up (only my second year at this job), so I will be out unpaid for part of it.

It's bullshit.

Completely agree. We had to wait until now to make sure I had enough days saved up. I've told my husband that the next child (if we have another) will have to be either 3 years later or we'll only be able to "try" during months that would land us a May-July due date.

Does your district allow for donation of sick days? That's something we're working on right now as a union. We can currently donate personal days, but we only get 2 per year and can only roll over 1 (for a max of 3 at once), so most are not able or willing to donate them.

JaneShops · October 2014

@jmhansen11‌ @SuperFudge00‌
Cali here, too
I'll be using all CFRA, FMLA,
& PML to Max out my allowed maternity leave. But of course, will have to figure out how & when to use my sick vs PTO hours. Luckily, I've been at my current job for 7 years this month, & have barely touched my sick hours.

Also, Almost 3 years ago, I've purchased STD through Aflac, so I'll have that supplementing my 55%, I believe 1 week after delivery for 5-7 weeks

Planning Pregnancy leave is a headache

SuperFudge00 · October 2014

JaneShops said:
@jmhansen11‌ @SuperFudge00‌
Cali here, too
I'll be using all CFRA, FMLA,
& PML to Max out my allowed maternity leave. But of course, will have to figure out how & when to use my sick vs PTO hours. Luckily, I've been at my current job for 7 years this month, & have barely touched my sick hours.

Also, Almost 3 years ago, I've purchased STD through Aflac, so I'll have that supplementing my 55%, I believe 1 week after delivery for 5-7 weeks

Planning Pregnancy leave is a headache

I wish I had thought about Aflac. I'll get it for #2.

JaneShops · October 2014

@SuperFudge00‌
Make sure you get it early enough, takes 2-3 months to kick in, & you can't use for pregnancy within 9 months once it's active

I also gawked at the monthly premium so went less. Tried to increase it te following year, but rates have changed so not worth it
Try to max it from the beginning, which depends on your income

SuperFudge00 · October 2014

Thanks @JaneShops‌, already planning when to have #2, lol. I should have plenty of time.

JaneShops · October 2014

@SuperFudge00‌ hehe, hi five on the planning

Also, I calculated that as long as I have 1 natural delivery every 5 years,
I even out. So any more (or c-sect), i actually "make money" by being covered

Murran131 · October 2014

That's pretty typical, at least here in the US. Maternity leave means you won't lose your job during however long they consider the leave is. You typically would not be allowed to take 6 weeks of vacation, for example, but because it's maternity leave, you can be gone that long. But yeah, in order for you to be PAID during that time you usually have to use the leave you have accrued. At my job, we have 12 weeks of maternity leave. I'm not coming back, but I still get to use that protected time so I can keep the insurance coverage through birth. I'll be leaving (hopefully) about a week before our due date unless I go into labor sooner, and then using up all my accrued leave. I'll be getting paid and continuing to be insured for about 10-12 weeks after I'm all done here. So thankful!!!

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