I have read the NJ website regarding labor laws, and I am still confused. When I go on maternity leave, I can either get Temporary Disbility benefits from the State, or from my employer's Private Plan, right? Do I get to choose which plan I want to receive benefits from? My employer's plan will give me more paid leave (90 days after I have used all my sick time), and will pay me more of my salary than the state plan would.

also, the NJ. website states that my employer's Private Plan must be approved by the state. How do I get this approval? :confused:

any light you could shed on this topic would be greatly appreciated....

You do not need to get an approval from the State.

NJ employers are required to offer a short-term disability insurance plan. They can either go with the State plan or they can provide their own benefit if it meets or exceeds the State plan. If your employer offers a more generous disability income benefit, then by all means, go with your employer's plan. By the way, the disability income issue is the dollar amount you will receive while you are off on medical leave, not how much leave time you will have. That's a separate matter.

Beth- thank you SO much for your help. But now I am concernred about the actual leave time....

On my employer's STD plan, they will allow me to be out of work and receive benefits for 90 days. Assuming that I go with my employer's plan, then I am allowed the amount of leave time that is stated in THEIR plan, and I don't have to worry about any of the NJ rules. Is this correct?

There are two separate issues here:

a) The benefits available to you under your employer's STD plan, which is completely independent of

b) how much leave time is available to you. If the Family and Medical Leave Act applies, then you are assured of up to 12 weeks of leave time for any disability time due to the birth of the child AND any additional time you wish to spend with the baby. Unless your employer has a salary continuation/paid sick days benefit which will pay for all that time, then the disability benefits you receive is limited to the period of time your doctor states you are disabled from working due to the pregnancy.

I don't believe this is an either-or option. If your employer provides a disability benefit that is equal to or better than the State disability plan, then that's the only benefit that is available to you. (I'm not in NJ though, so you should discuss this with your employer or contact NJ's DOL and inquire.)

Secondly, just because whatever disability plan we're talking about offers a maximum benefit of "X" weeks does not mean you are entitled to be off work and receive disability benefits for that length of time. Many employer-sponsored STD plans provide disability benefits for up to six months but if an employee is medically disabled for, say, only two weeks, then they are only eligible for two weeks of disability benefits and are expected to return to work in two weeks time.