Hi all

I'm about halfway through my first pregnancy and just started to try to understand both NYS and my employer’s maternity/short term disability leave policies.

I met with the new HR guy this past Friday and he wasn't much help. It might be because I chose to questions him at 3 pm the Friday after New Years or because in his own words he’s new, this will be his first maternity leave and he really doesn't know the company's policies completely yet, but I figured I would try and gather as much information as I could before the next time I visit him.

The first thing he told me that I question is that I am not eligible for disability because I am not salary. I did mention to him that I have opted for the additional short term disability coverage that I pay for and I understand that any disability coverage has a 8 day waiting period.

I looked at my summary of my benefits through my employer and I am eligible for NYS disability through my employer. The summary states:
Zurich: NY State Disability, Hourly
Coverage: 100.0% of salary to a maximum of $170.00 per week. You pay $0.00 per pay period. Your employer pays $X.XX.

I looked up the disability benefits under the NYS workers compensation board and found some the same information: max of $170 per week; 8 day waiting period.

I think I understand most of the ins and outs of the disability insurance. I don't think I have any other questions about that now, but please let me know if I left anything out or need to look into this further.

The HR guy did inform me that maternity leave would be for 12 weeks, and that I needed to give 30 days notice before the leave begins. All fine information. I asked offhandedly if there was any requirement to using my vacation and persona/sick days before my leave was to begin and he remembered that I did indeed have to use my vacation days up before or at the beginning of my maternity leave and that I did not have to touch my personal/sick days. This is where I am a bit confused.

I looked into company handbook and it is a bit confusing with regards to short term disability, FMLA and exhausting vacation/personal/sick days.

Under Short Term Disability Insurance unit in the handbook it states:
[I]LEAVE ENTITLEMENT
Employees are eligible for a Disability Leave. This leave may run concurrently
with the Family and Medical Leave. See the Disability Leave policy for more
information. [I]

Does my maternity leave count as short term disability, FMLA or both? If I am using short term disability do I have to use FMLA?

And under the Disability Leave unit in the handbook it states:
[I]PAY DURING LEAVE
Disability leaves are unpaid except to the extent an employee is eligible to
receive Workers' Compensation benefits, short-term disability insurance benefits
or paid NOCO or vacation days. (See those policies for details.)
With the exception of employees who are out of work on a Workers'
Compensation Leave, employees must exhaust all available paid time off, i.e.
vacation and NOCO days, while on disability. [I]

And under the FMLA unit in the handbook it states:
[I]Employees receive time off on an unpaid basis. Employees who have any
accrued paid time off, i.e. vacation or NOCO Days, are required to exhaust
this paid time during the leave. [I]

When I asked the HR guy further about exhausting my vacation days before or in conjunction with my leave he said that because the benefits don’t kick in for 8 days most people use vacation days for those 8 days in order to receive pay, but I would not have to touch my personal/sick days. This contradicts what the handbook says. So I am confused as to whether I have to exhaust all my two weeks vacation before or in conjunction with my leave or if I only have to use 8 days worth.

I will follow up with the HR guy and I hope in the meantime he follows up with the other HR people and brushes up on our companies policies.

I understand that no one may be able to shed any light on my company’s own policies, but I would like to know what others in NYS were entitled to or restricted to when dealing with maternity leave.

Thanks in advance!

Most of your questions are not legal questions - they are specific to your employer's benefit package. The employer doesn't have to offer anything (other than FMLA if you choose to take time off without pay), so anything they offer is limited to what their plan says that they offer.

Therefore, you need to get with your HR person and not leave until you're satisfied that he knows the correct answer and is giving you the correct answer. If there is anything that's not clear, discuss it with him until you're comfortable that you're both on the same page.

If you can't get an answer from the HR person, go to the plan administrator since they will likely have the final say.

If that doesn't work, go to your supervisor and explain that you're having a hard time getting a definitive answer to some of your questions. Depending on the company, the supervisor may have some flexibility. Also, some companies will try to minimize the benefits to reduce cost, while others will interpret any gray areas in your favor, so it's worth checking with the supervisor to make sure you're clear.

Does my maternity leave count as short term disability, FMLA or both? If I am using short term disability do I have to use FMLA?

It's important to remember that FMLA guarantees you 12 weeks of unpaid leave and that disability is how you get paid while you are on that leave. The two can and do run concurrently for most people. Disability also only covers the time that you are actually medically disabled from pregnancy and giving birth. Thus, it may not cover all 12 weeks that you are entitled to under FMLA as, for many woman, some of that time is for bonding with the baby.

Because it is unpaid leave, FMLA permits the employer to require employees to use any form of paid leave that they have available during those 12 weeks. Whether your employer will do so is matter of its own policies.

Just to respond to the NYS Disability portion of your question, the statutory NYS DBL coverage is for 50% of your average weekly wage up to a max. of $170.

Most of your questions are not legal questions - they are specific to your employer's benefit package. The employer doesn't have to offer anything (other than FMLA if you choose to take time off without pay), so anything they offer is limited to what their plan says that they offer.

Therefore, you need to get with your HR person and not leave until you're satisfied that he knows the correct answer and is giving you the correct answer. If there is anything that's not clear, discuss it with him until you're comfortable that you're both on the same page.

If you can't get an answer from the HR person, go to the plan administrator since they will likely have the final say.

If that doesn't work, go to your supervisor and explain that you're having a hard time getting a definitive answer to some of your questions. Depending on the company, the supervisor may have some flexibility. Also, some companies will try to minimize the benefits to reduce cost, while others will interpret any gray areas in your favor, so it's worth checking with the supervisor to make sure you're clear.

thanks for your reply, i understand that a big part of my leave is determined by my companies policies, i just wanted to be armed with as much infomration as possible so that i would be prepared.

It's important to remember that FMLA guarantees you 12 weeks of unpaid leave and that disability is how you get paid while you are on that leave. The two can and do run concurrently for most people. Disability also only covers the time that you are actually medically disabled from pregnancy and giving birth. Thus, it may not cover all 12 weeks that you are entitled to under FMLA as, for many woman, some of that time is for bonding with the baby.

Because it is unpaid leave, FMLA permits the employer to require employees to use any form of paid leave that they have available during those 12 weeks. Whether your employer will do so is matter of its own policies.

thank you so much for clarifying the difference between FMLA and short term disability. this makes sense now why they can run concurrently. i am still unsure if i have to use all my time- vacation & sick or just mu vacation but i will take that up with my HR person.

Just to respond to the NYS Disability portion of your question, the statutory NYS DBL coverage is for 50% of your average weekly wage up to a max. of $170.

i saw that on the NYS workers compensation board website. 100% was listed in my company handbook. whatever the precentage i'll still only be getting $170/week which is why i opted for additional short term disability insurance which i pay extra for.

i saw that on the NYS workers compensation board website. 100% was listed in my company handbook. whatever the precentage i'll still only be getting $170/week which is why i opted for additional short term disability insurance which i pay extra for.

Yeah, NY mandatory disability benefits, in a word, stink. Good move for you to purchase additional coverage.