From what I have read in my employee handbook, the internet and other such materials, I would like to find out if the following course of action is one that I would be able to take, in order to obtain as much time home with my new baby:

I have been employed for over 4 years and I am a full time, salaried employee.
This is my first baby and my plan would be to:

1. Start maternity leave (disability) 4 weeks prior to due date, obtaining only 2/3 of my weekly pay up to $339 per week,

2. Have baby,

3. Use the remaining 8 week maternity leave (disability), obtaining only 2/3 of my weekly pay up to $339 per week,

4. Thereafter I would like to be able to obtain further time home to care for my newborn by extending my disability time to fulfill the maximum NJ State Law of 26 weeks of partial pay. From what I understand, this would only be possible if I have a pregnancy related disability corroborated by my physician that would allow me this time off. Is this correct? If so, my employee handbook states that I can qualify for 12 weeks unpaid leave of absence, (they would hold my position and pay). Is "Leave of Absence" classified to be the time that I would have to take if I were able to extend my disability period for the full 26 weeks? If so, would I then be able to ask for a "Family Leave of Absence" from work, once my total disability period is expired?
Basically, i am uncertain how to combine and carry through "disability" into "Leave of absence" so to extend my time home with my newborn.

Thank you for your help.
Mati

I am not familiar with the NJ disability state laws, but your FMLA runs concurrently with it, not consecutively. You don't get to take 12 weeks of "disability" leave and only then take FMLA.

This seems to be so confusing. Is it correct to say that i would be able to take 4 weeks disability prior to birth and then the remaining 8 weeks disability after birth, completing the 12 week disability period with partial pay. An then i would be able to start my 12 week Family Leave of Absence unpaid?

Please explain.

Mati

[QUOTE=mati]This seems to be so confusing. Is it correct to say that i would be able to take 4 weeks disability prior to birth and then the remaining 8 weeks disability after birth, completing the 12 week disability period with partial pay. An then i would be able to start my 12 week Family Leave of Absence unpaid?

You are eligible to take 12 weeks of leave time IN TOTAL for the birth of your child.

No, that's not it. Disability is an income-replacement program. FMLA is a job-protection program. They may, and should, run concurrently, i.e. at the same time.

As soon as you become unable to work because of the pregnancy, you can file for disability benefits. When you become unable to work because of the pregnancy, you file your FMLA paperwork. Since the employer knows that your absence is likely due to an FMLA-qualifying reason, they have to designate it as such at that point.

Disability benefits continue for as long as you are medically unable to work. FMLA leave of up to 12 weeks is allowed, including all time missed due to the pregnancy, including doctor's appts), birth, and bonding time, should you want to take the entire 12 weeks.

What if i am not able to return after that 12 month period due to medical reasons caused by maternity leave, such as back pains/problems; is there a law that would protect me not to loose my job?

It's 12 weeks, not 12 months. And no, there isn't. It's 12 weeks period in NJ. The FMLA is what protects your job. Not the disability benefits. They are two completely different things for completely separate reasons.

Also, if you want to take 4 weeks off before your due date, that would be between you and your employer unless you have a medical reason to be off earlier. FMLA can only be taken if there is a medical reason to be off or after the baby is born for bonding purposes.

Under the NJ law, if you went out for a medical reason 4 weeks early, you would get 4 weeks under FMLA, 8 weeks would run concurrent with NJ, and the last 4 weeks would be under NJ alone. You can see how th NJ Law compares to FMLA at www.dol.gov/esa/programs/whd/state/fmla/nj.htm. Keep in mind that FMLA still requires a serious health condition to be out. General back pain not requiring medical care or treatmnt would not qualify.

I do not know how your STD plan is set up but most will also only cover you for the period of time that you are medically unable to work. Typically that means not until you give birth and then for 6 weeks after, 8 weeks for a C-section. I would read your plan carefully to see how yours is worded and what benefits you are really eligible for. Just being on leave is almost never enough.

After your leave has expired, your employer no longer has an obligation to hold your job or continue your benefits. If you choose not to return for a reason other than one that is beyond your control, your employer can charge you for the portion of the insurance they paid on your behalf while you were out.