Can somebody informed me on how maternity leave works in MN?

What does STD (short term disability) and FMLA really means?

This is my first pregnancy...I was hired through an Agency at the job I worked at right now...(more than 50 employees) I was wondering if certain agencies have STD or any laws for maternity leave? I haven't inquired yet but I was hoping that someone here can give me a heads up. I wont be due til next year but I just want to be prepared at this situation.

PS: Im not sure if this info is necessary but it will be my 1 yr this Nov. at this particular job.

Thanks in advance!

Can somebody informed me on how maternity leave works in MN? There are two laws that apply to your situation: (1) The federal Family and Medical Leave Act, and (2) Minnesota's Parental Leave Act. Employers in your State are obligated to follow both laws, selecting individual provisions of each law that are more generous to the employee. This web site will provides a comparison of both laws, on an item by item basis: http://www.doli.state.mn.us/fmla.html

Please note that you don't get leave under the FMLA and THEN leave under the PLA (i.e. 12 weeks leave under the FMLA and then 6 weeks leave provided for in the PLA - leave under both Acts runs concurently.

What does STD (short term disability) and FMLA really means? Short term disability is an income protection benefit your employer offers. If, due to medical reasons, you are unable to work, then you qualify for weekly payments to make up a portion of your lost wages while you're on medical leave. STD has nothing to do with whether your employer has to extend any leave time to you.

This is my first pregnancy...I was hired through an Agency at the job I worked at right now...(more than 50 employees) I was wondering if certain agencies have STD or any laws for maternity leave? All employers with 50 or more employees are subject to the FMLA and MN employers with 21 or more employees are subject to the PLA. Whether an employer offers a STD/income protection benefit is entirely up to each employer.

Thanks for that information. I was told that I need to meet their guidelines ie. I need to be employed for 12 mos and at least 1,250 hours of service during the 12 mos period.

My other question is.....Once Im qualified for their guidelines (ive reached the 12 mos/ 1 yr anniversary and Ive worked for at least 1,250 hours) would i be qualified for STD (short term disability)?

So, Im allowed 12 wks unpaid leave or IF Im qualified I'll get the STD (short term disability) and for how long? Do I request maternity leave before or after? or it doesnt matter?

I hope you'd be able to give me some light on this.

Thanks!

Eligibility for FMLA is set by Federal law, and it does require both 12 months of employment (the 12 months do not need to be consecutive) AND 1,250 hours worked in the 12 months immediately preceding the leave. FMLA also only applies if your employer has 50 employees or more within 75 miles of your location.

Eligibility for STD in 45 states including MN, is set by the disability policy itself, not by law. It IS possible to be eligible for one and not the other, depending on the way the policy reads. Without having read your disability policy, we can't tell if you would be eligible for STD at the time you reach FMLA eligibility or not. It's likely though; usually the STD eligibility requirements are less stringent than those for FMLA.

FMLA and STD are two completely separate issues. The only way they overlap is that frequently (but not always) an employee who qualifies for FMLA also qualifies for STD.

FMLA is generally unpaid as far as the employer is concerned. Although you may be able to receive STD benefits during the period of FMLA, those benefits do not run through payroll - they are paid separately, often from the insurance carrier and not from the employer. They are two separate benefits that frequently happen to run at the same time; they are not dependent on each other.

The time off you are granted under FMLA IS your maternity leave.

Ditto to what cbg said. FMLA and STD are entirely different matters.

Except in those few States that mandate employers to provide a disability income benefit, the decision as to whether to offer STD (and LTD for that matter) is entirely up to each individual employer. You need to ask your employer what the particulars are of their STD plan.

Based on the posts I've seen, a lot of individuals are confused about FMLA and STD. FMLA mandates that an employer provide employees leave time under certain circumstances. STD (short-term disability) is an insurance benefit that provides you with some income when you are off work due to a medical condition. STD has nothing to do with whether your employer has to offer you any leave time.

thanks cbg! :)

So....I can be qualified for FMLA and not STD (short term disability) or either way? Also what do you mean by the insurance carrier? Which insurance are you talking about? Im sorry but I got confused on that part.

That 12 wks from FMLA, I could get that either before or after my pregnancy right?

Thanks again!

Ditto to what cbg said. FMLA and STD are entirely different matters.

Except in those few States that mandate employers to provide a disability income benefit, the decision as to whether to offer STD (and LTD for that matter) is entirely up to each individual employer. You need to ask your employer what the particulars are of their STD plan.

Based on the posts I've seen, a lot of individuals are confused about FMLA and STD. FMLA mandates that an employer provide employees leave time under certain circumstances. STD (short-term disability) is an insurance benefit that provides you with some income when you are off work due to a medical condition. STD has nothing to do with whether your employer has to offer you any leave time.

thanks beth! :)

Based from what Ive read from our handbook to determine my eligibility for FMLA leave, I must submit a specific request for such leave and I must meet the criteria to qualify FMLA.

It also said that I should be employed for at least 12 mos and have worked at least 1,250 hours in the preceding 12 mos. FMLA leaves are granted for a max of 12 wks in a rolling 12 month period. So bottom line is.....I have to be employed for 12 mos and have worked for at least 1,250 hours, correct? Or can I get the benefits of FMLA if I dont meet this criterias?

About STD? Some people are qualified, some not? How would 1 person determined he/she is qualified? What is that your saying about 6 wks leave under PLA? and 12 wks leave under FMLA? Are both of them unpaid leave ?

Im sorry I have too many questions....I hope you guys can answer all my questions. Im really lost w/ this FMLA thingy and PLA and STD?


Thanks again!

I have to be employed for 12 mos and have worked for at least 1,250 hours, correct? Correct.

Or can I get the benefits of FMLA if I dont meet this criterias? Only if your employer wishes to voluntarily extend those benefits to you, which they have no obligation to do.

About STD? Some people are qualified, some not? How would 1 person determined he/she is qualified? That information would be contained in the insurance booklet that describes the STD benefit and is available from your employer if you don't already have a copy. The particulars of the STD benefit each employer offers (if any) often vary widely.

What is that your saying about 6 wks leave under PLA? and 12 wks leave under FMLA? Are both of them unpaid leave ? I don't know how to answer your questions any more clearly than I already have. Please go back and read my first answer carefully and look at the info at the website on the link I gave you. FMLA and leave time under Minnesota's Parental Leave Act run concurrently and neither law requires that the leave time be paid. If your employer offers a disability income benefit and you qualify for that (which I imagine you do), then you will need to fill out an STD claim form and return it to your employer as you get close to the time for your medical leave to begin.

Also....Im reading some stuff here that after they gave birth, they get fired.......In my situation, can they fired me?

Also....Im reading some stuff here that after they gave birth, they get fired.......In my situation, can they fired me?

Not unless:

1. You use up all 12 weeks of FMLA (once you qualify) and are not able to return to work within that time frame; or

2. You would have been fired for a reason unrelated to your FMLA leave. For example, the company reorganized or downsized and your job would have been eliminated regardless of your leave, they found out while you were on leave you embezzled money from the company, etc.

Don't get all frazzled over the worst case scenario. The vast majority of employers do not violate the FMLA, Pregnancy Discrimination Act, or other relevant employment laws. Nobody is going to post on a legal bulletin board that they went on leave, had a baby, returned to work and everything went just fine. Naturally, only those individuals with problems or concerns are going to post so all you're going to read about here are the situations that didn't turn out well for some reason.

hi beth :)

whats the difference between employers with 21 or more employees must allow at least 6 wks of unpaid leave of absence and the federal leave law for up to 12 wks if an employer has 50 or more employees in a 75-mile radius?

you've mentioned earlier that i cant leave under both Acts runs concurently with the option of FMLA at PLA.....for myself how would I know which one I would qualified? the 6 wks or the 12 wks?


ps. i appreciate all the help youre giving me. thanks alot!

So far this is what I've got from the Agency Im working for. She said that If I havent signed up for short term disability before I wouldnt be eligible. There is an open enrollment for this but she couldnt give me a specific time. How would I go from here?

:mad: Im kinda dissapointed at them right now. Coz they're making it sound like I have to know all this stuff.....DUHHHH this is my 1st pregnancy so everything for me would be "new" and I dont know anything at all thats why Im inquiring about. Grrrrrrrr

I need some help!! :(

Agency Im working for is Adecco. Ive checked their website but I couldnt find anything about "open enrollment" for std (short term disability) how would 1 person know that they wouldnt be capable of working (ie. due to pregnancy)?

I need some advice?!?

Now Im all squared off.....My Agency nor the Co. that Im working for didnt say anything that I have to purchase the "short term disability" benefit in order for me to be eligible? HOW STUPID IS THAT?

I appreciate all the help on this.

whats the difference between employers with 21 or more employees must allow at least 6 wks of unpaid leave of absence and the federal leave law for up to 12 wks if an employer has 50 or more employees in a 75-mile radius? The former is Minnesota's pregnancy leave law; the latter is the federal leave law.

you've mentioned earlier that i cant leave under both Acts runs concurently with the option of FMLA at PLA.....for myself how would I know which one I would qualified? the 6 wks or the 12 wks? I don't think you're reading my replies very thoroughly. You qualify for leave under both laws and the leave time runs concurrently. You are eligible for a total of 12 weeks of medical/maternity leave.

Ive checked their website but I couldnt find anything about "open enrollment" for std (short term disability) how would 1 person know that they wouldnt be capable of working (ie. due to pregnancy)? The purpose of purchasing insurance (any kind of insurance - homeowners, rental, auto, health, disability) is to have the coverage in case you need it. If you wait to try to sign up for it/purchase it when you need it, it's too late. Nobody is going to insure your home after it burns down.

My Agency nor the Co. that Im working for didnt say anything that I have to purchase the "short term disability" benefit in order for me to be eligible? HOW STUPID IS THAT? I would expect you were offered the opportunity to enroll in the short term disability insurance plan when you were offered participation in your employer's group health plan. If you declined to take the coverage, you can't get it now until the next open enrollment period (your employer is going to have to tell you when that is.) Even if you do sign up, since you're already pregnant I would expect disability benefits for this pregnancy to be declined because it's a pre-existing condition.

FYI, your eligibility for leave time under the FMLA/PLA is an entirely separate issue from whether you have disability income insurance to provide you with disability payments while you are on leave.