Disability and FMLA Q's....

Hi everyone,

I'm in NJ and am a little confused about the disability for maternity leave and the Family Leave Act. I'm curious if once the 6 weeks of disability runs out (paid) can you then take family leave and that is paid for 6 weeks also. I know they said as of 7/1/09 it comes into effect....Can anyone shed some light???Thanks

Hugs,

Shannon

the ONLY thing I know is your company has to have more than 50 employees for FMLA to even come into play.  mine didn't.  we also didn't have any disability.

It was my understanding that FMLA doesn't actually PAY anything, it just protects your job while you are out.... But maybe that's changing? But I can't imagine the government paying for maternity leave....  My job doesn't have short term disability, only long term disability, which maternity leave doesn't count. So at my job, I would have to use my available Sick time, Vacation, and Personal time in order for any of my time off to be paid...

Hopefully someone will know more than I do ;)

Lisa

I was on NJ disability in 2007 for the bypass.

NJ disability pays for 12 weeks of short term disability.  I believe it was at 60% pay.  I was able to supplement w/ PTO (paid time off) to make up the difference through my employer to make a full paycheck.

FMLA does not pay you - it is only job security.  It allows you to guarantee you have a job to come back to within 12 weeks of being out.

If rules have changed since then, I do not know....but that was the last I had heard.

Pam

Yes, that's how it was for me.  6 weeks state disability (or 8 for c-section) and 6 for Paid family leave.  I'm in CA, so I don't know if it's different.

Hey Shannon.  I did a quick search on the new regs.  I'm not positive, but I don't think you can get paid twice (as far as I can see).  Now, it does appear that your husband could get paid leave under the new law - but I don't think you can collect the state disability then the state family leave.  However, I would certainly check with your HR Department.  They should be able to clarify this for you.

It looks like the new state rules are already in affect - the July date appears to be the tax portion, but again - check with your experts at work.

Good luck (and this made me glad I'm not doing HR in New Jersey anymore LOL)

Sharon

FMLA is not really a type of leave. It protects your job...the law states that they have to return you to a similar position at the same pay. Notice it does not mean the same job that you left.  If your employer is required to provide FMLA (dependent upon the number of employees), you get 12 weeks per year.  It is paid if you have leave to cover it, vacation, sick, PTO, whatever your place calls it. Basically it says they can't give you the axe for taking so much time off, whether you take it paid or unpaid.

I live in AZ, which may be a lot different, but FMLA is 12 weeks per rolling year or UNPAID time off.  All it does is guarantee you will have some sort of job when you get back, with the same hours and pay.  Then I had short term disability which paid me for my time off.  Even though I had a c-section only 6 weeks was paid, after the 6 weeks I could stay off but it was all unpaid.  Most companies in the US do not have "maternity leave" pay so make sure you have short term disability.  I had a friend who thought she had it and found out when she was already pregnant that she did not enroll for it.  Yup, 6 weeks minimum unpaid since she had no vacation time from being so sick through-out the pregnancy.

Thanks everybody....I still have to keep researching it....whata pain!!!lol