Maternity Leave ~ WWYD? (two fold)

[Phoenix~Mama]

Okay, I wasn't sure if this should be posted here, or Birth & Beyond, or yet somewhere else? So please feel free to move if need be. Thanks!


Part I
Okay, I'm pissy/bummed and sort of fighting with HR right now. Our maternity leave falls under FMLA & Short Term Disability Benefits (STDB here on out )

When I was pregnant with DD (same company still) I had actually not been working long enough to qualify for the FMLA leave benefit, but was still eligble for the STDB. It is stated in our employee handbook that FMLA and STDB are separate benefits. The FMLA is unpaid 12 week leave that protects them holding your job or something equivalent.

The STDB states it also protects your job for a medical leave up to a full YEAR!

That's some background. I have been on intermittent FMLA leave since June due to all the stress of leaving my UAV STBX and not getting enough rest with the pregnancy ect. So I have already tracked probably about a week and a half towards the 12 weeks of FMLA time already. I wasn't really worried about "cutting into mat. leave time" because that should be covered under the STDB like my first pregnancy.

Well now HR is telling me that they can only accomdate my time out for maternity leave directly with the FMLA time. That yes, once baby is born, I will be paid, instead of unpaid, through the STDB, but that mat. leave and FMLA are tied together and I can only take a total of 12 weeks total, and all time I have taken intermittently counts towards that.

So I just sent them quotes from the employee handbook about the medical leave having it's own protection time of up to a year! As I will be out longer than the FMLA time I have left, as I also have a chronic illness, fibromyalgia, which flares badly right after birth for quite longer than the ridiculous 6 week leave.

Anyway, based on all of that... doesn't my interpretation sound correct? What does FMLA have to do with the time I'm out for baby/fibro if it's covered under the STDB?


Part II
Okay... the major bummer... I've been pushing myself as much as possible to make it to the magical date of October 27th. I was planning for this to be my last work day. My EDD is basically Halloween/Nov. 1. I want to ensure I'm well rested prior to birth, and not working straight up until delivery. I don't think my body will handle that well at all!

HR is now telling me that I can do that, but it will all be unpaid FMLA time until the baby is physically born. Um... interesting, because with DD our STDB company started my STDB time from my last day of work/when contractions started, which was actually three days prior to DD actually being born.

Whatever... okay... but now I'm worried... what if DS comes really late? Not only may I may be eating time I don't even have (if I don't win this ridiculous FMLA vs STDB time off issue), and the other... I can't afford to have 1-2 weeks at NO pay!!!

But I honestly don't think I can physically/emotionally make it working straight up until I go into labor. This has been a really rough pregnancy for me, combined with stress of leaving an abusive marriage, and dealing with all that crap, lawyers, court, etc.

Right now, both working up until I deliver, and the stress of going out on no-pay are equally stressful. I don't know what I should do.

WWYD??

[texmati]

Originally Posted by Phoenix~Mama

Okay, I wasn't sure if this should be posted here, or Birth & Beyond, or yet somewhere else? So please feel free to move if need be. Thanks!


Part I
Okay, I'm pissy/bummed and sort of fighting with HR right now. Our maternity leave falls under FMLA & Short Term Disability Benefits (STDB here on out )

When I was pregnant with DD (same company still) I had actually not been working long enough to qualify for the FMLA leave benefit, but was still eligble for the STDB. It is stated in our employee handbook that FMLA and STDB are separate benefits. The FMLA is unpaid 12 week leave that protects them holding your job or something equivalent.

The STDB states it also protects your job for a medical leave up to a full YEAR!

That's some background. I have been on intermittent FMLA leave since June due to all the stress of leaving my UAV STBX and not getting enough rest with the pregnancy ect. So I have already tracked probably about a week and a half towards the 12 weeks of FMLA time already. I wasn't really worried about "cutting into mat. leave time" because that should be covered under the STDB like my first pregnancy.

Well now HR is telling me that they can only accomdate my time out for maternity leave directly with the FMLA time. That yes, once baby is born, I will be paid, instead of unpaid, through the STDB, but that mat. leave and FMLA are tied together and I can only take a total of 12 weeks total, and all time I have taken intermittently counts towards that.

So I just sent them quotes from the employee handbook about the medical leave having it's own protection time of up to a year! As I will be out longer than the FMLA time I have left, as I also have a chronic illness, fibromyalgia, which flares badly right after birth for quite longer than the ridiculous 6 week leave.

Anyway, based on all of that... doesn't my interpretation sound correct? What does FMLA have to do with the time I'm out for baby/fibro if it's covered under the STDB?


Part II
Okay... the major bummer... I've been pushing myself as much as possible to make it to the magical date of October 27th. I was planning for this to be my last work day. My EDD is basically Halloween/Nov. 1. I want to ensure I'm well rested prior to birth, and not working straight up until delivery. I don't think my body will handle that well at all!

HR is now telling me that I can do that, but it will all be unpaid FMLA time until the baby is physically born. Um... interesting, because with DD our STDB company started my STDB time from my last day of work/when contractions started, which was actually three days prior to DD actually being born.

Whatever... okay... but now I'm worried... what if DS comes really late? Not only may I may be eating time I don't even have (if I don't win this ridiculous FMLA vs STDB time off issue), and the other... I can't afford to have 1-2 weeks at NO pay!!!

But I honestly don't think I can physically/emotionally make it working straight up until I go into labor. This has been a really rough pregnancy for me, combined with stress of leaving an abusive marriage, and dealing with all that crap, lawyers, court, etc.

Right now, both working up until I deliver, and the stress of going out on no-pay are equally stressful. I don't know what I should do.

WWYD??

Honestly, this is the way that it works at my work as well. I get that it seems like it shouldnt, but it's fair-- Let's say my hubby was out for major ab surgery but on teh same day, I had a kiddo. He'd be eligible for 12 weeks fmla from teh qualifying event, but also be on STD during that period because of the ab sugery.

What really sucks is that at my company, STD is for 90 days for anything else besides having a baby. Basically only 6 weeks is considered medical leave (ie the time you need to recover from teh baby). I think you might beable to get STD if you doc writes a note that you are out for Fibro instead of mat stuff.

[Phoenix~Mama]

Originally Posted by texmati

Honestly, this is the way that it works at my work as well. I get that it seems like it shouldnt, but it's fair-- Let's say my hubby was out for major ab surgery but on teh same day, I had a kiddo. He'd be eligible for 12 weeks fmla from teh qualifying event, but also be on STD during that period because of the ab sugery.

What really sucks is that at my company, STD is for 90 days for anything else besides having a baby. Basically only 6 weeks is considered medical leave (ie the time you need to recover from teh baby). I think you might beable to get STD if you doc writes a note that you are out for Fibro instead of mat stuff.

No I do get that I can be out on both at the same time... but what I don't understand is them basically threatening not holding my job for me past the 12 weeks FMLA time? When my job is considered safe on STDB time for up to a year?

Not that I can get a whole year off. I was out 2.5 months with DD, and I'd like to be out for that or up to 3 months with DS. What happened with DD is at the end of the 6 week point, a doctor wrote me out for longer due to the fibro complications. Same will happen this time.

[justduckyangie]

We couldn't combine the two either when I worked. I worked through my first 3 pregnancies. The only extra thing they let me do was use my vacation time prior to birth. So I would save up my two weeks to use before or to extend the 12 weeks. The only thing I'm thinking is if you could get a different dr to write you out of work for x amount of weeks due to the fibro after your fmla is exhausted. It would be unpaid STD, but you'd maybe get more rest time before birth. Hugs, I hope it all works out.

[justduckyangie]

Originally Posted by Phoenix~Mama

No I do get that I can be out on both at the same time... but what I don't understand is them basically threatening not holding my job for me past the 12 weeks FMLA time? When my job is considered safe on STDB time for up to a year?

Not that I can get a whole year off. I was out 2.5 months with DD, and I'd like to be out for that or up to 3 months with DS. What happened with DD is at the end of the 6 week point, a doctor wrote me out for longer due to the fibro complications. Same will happen this time.

The one thing you need to be careful of is they don't need to hold your exact job...it needs to be same pay/level BUT they could stick you somewhere/ job that is super crappy trying to get you to quit when you do come back.

[Phoenix~Mama]

Nevermind... I'm pretty well screwed at the moment.

Turns out my STD 100% pay benefit is only good per two years... since it has not been two years since I was out with DD yet...

I only have 30 days left paid at the 100% benefit. I can't afford to live on 50% of my pay, and I only have 44 days of that anyway.

So yeah, so glad I got to find out I'm still thoroughly screwed over in the financial department of life and have no idea what I'm going to do now...

*sighs*

Now back to your regularly scheduled programs...

[MamaPhD]

Sorry to hear that. I had concurrent FMLA & disability, too, when I had DD. Do you have any sick days or vacation days you can use? I used petty much ALL of those (a year's worth!) before birth & my FMLA kicked in when DD was born.

[Phoenix~Mama]

Originally Posted by MamaPhD

Sorry to hear that. I had concurrent FMLA & disability, too, when I had DD. Do you have any sick days or vacation days you can use? I used petty much ALL of those (a year's worth!) before birth & my FMLA kicked in when DD was born.

Yeah, PTO is gone. I had to use a lot this winter between really bad snow storms and dealing with an abusive husband and trying to keep my sanity, plus when DD got sick, or her babysitter was sick.

It's been a rough couple of years.

[Ola_]

That's awful mama, I think some maternity leave changes are definitely needed in the US!

[Baby~Braatens~Mama]

[pumpkin]

The STD time you can take depends upon the illness. So its up to a year, but it's only as long as needed for the particular condition. Most plans are 6 weeks for a vaginal birth and 8 weeks for a csection.
Posted via Mobile Device

[Phoenix~Mama]

Originally Posted by pumpkin

The STD time you can take depends upon the illness. So its up to a year, but it's only as long as needed for the particular condition. Most plans are 6 weeks for a vaginal birth and 8 weeks for a csection.
Posted via Mobile Device

I know that too. But I get extended leave based off of a secondary condition, having fibromyalgia.

[ballmom]

Originally Posted by Phoenix~Mama

No I do get that I can be out on both at the same time... but what I don't understand is them basically threatening not holding my job for me past the 12 weeks FMLA time? When my job is considered safe on STDB time for up to a year?

Not that I can get a whole year off. I was out 2.5 months with DD, and I'd like to be out for that or up to 3 months with DS. What happened with DD is at the end of the 6 week point, a doctor wrote me out for longer due to the fibro complications. Same will happen this time.

STD only pays you and does not protect your job. It is the FMLA that protects you. But like previously noted, they only have to have a job comparable to the one you were in with the same pay. Even though your STD policy will pay for up to a year, it does not mean your employer has to hold your position since FMLA has ran out at that point.

I'm sorry to hear of the new update. If there is anyway to get financial help now, do it. Apply for whatever aid you can get so you can save some money now.

[bella99]

My FMLA and STDB were tied together during my maternity leave. I took the full 12 weeks, and got some form of payment for 6 weeks of those 12.

At my job, you can get an approved medical leave of absence for a year, but they aren't required by law to hold your job for you. FMLA is a federal program that mandates that your employee hold your job *at least* for the first 12 weeks of an absence. I've never heard of someone being able to take both separately.

I also now that while I worked until the day before my daughter was born, had I gone out earlier, it also would have been unpaid time off. STDB needs to be backed-up by a physicians (or maybe midwives) statement attesting to a medical reason why you can not work. That's why before I could get paid, my OB had to fill out the paperwork for me, attesting that I could not work.

[MisaGoat]

For short term disability (which is through the state of NJ) I was told I can take 4 weeks prior to the due date and then 6/8 weeks after birth depending on the type of delivery.

[texmati]

Originally Posted by MisaGoat

For short term disability (which is through the state of NJ) I was told I can take 4 weeks prior to the due date and then 6/8 weeks after birth depending on the type of delivery.

wow! did you have to have a dr's note for the 4 weeks prior-- in other words, does everyone get that, or only if you have bed rest?

[St. Margaret]

For my STDL, you can take off whenever your doctor signs you out, but it doesn't have to be bedrest. Anything longer than 4 weeks, they're going to want to see your medical records as to why. Like, right now I'm on leave kinda for pregnancy but signed out by my PCP because of hideous sciatica that makes it impossible for me to teach. I'll still get my 6 weeks (8 for c/s) after the birth, too.

OP, I'm sorry our system sucks massively. I agree, maybe your regular doc can sign you out again for a bit if your condition is flaring up for whatever reason. Good luck!