I am 37 weeks pregnant and am having a difficult time understanding my STD/FMLA/voluntary LOA regulations. I live in NJ but work in NYC. I understand from HR that my FMLA is a total 0f 12 weeks. And that I can use my accrued sick time after the baby is born for paid leave, then I can use my STD (not paid by employer) and only get $170/week PRE-TAX and then once I've used up my sick time I can use my accrued vacation time for paid leave. Firstly, why is the STD payment so cheap - shouldn't it be a percentage of my annual salary? This isn't even 2%..... Then, I am assuming that this is all NYS labor laws - am I eligible for anything in NJ since I live there? I'm a smart person but for some reason, this is the most confusing thing I've ever tried to plan... can't seem to get straight answers from HR......

thanks for any help!

A lot of this you are going to have to ask your HR person about as it isn't law but company policy. Your employer is not bound to offer NJ's version of FMLA as they are not located there.

As far as FMLA goes you get 12 weeks in one year to use for any prgnancy complications, birth, recovery and bonding. If you want to take this time intermittently, it is up to your employer to agree. Leave starts either the first day that your doctor takes you off work or the day you give birth.

Sick leave, vacation and STD are just a way of maintaining your pay for some or all of your absence.

So the $170/wk is the current maximum rate for the state of NY disability pay. Under New York Law a pregnant worker is entitled to disability benefits for the period she is certified by her doctor as unable to work up to 26 weeks total. So it could be 4 weeks before delivery *if* the doctor certifies and then it is typically it is 6 wks for regular delivery/8 wks for c-section.

Employee should obtain form DB-450, Notice and Proof of Claim, from his Employer.

If I remember correctly, you would collect sick time first during the waiting period for STD. And then you go on disability for the time the doctor says you medically need to be out. And then you would likely go on vacation. It could be that is the company's policy.

If you have any questions, you can contact NY state to be sure (www.wcb.state.ny.us).

The NJ rate is maxed out at $488/wk just as ann FYI. And zctually, only five states and one Commonwealth offer a disability insurance program at all. They are California, Rhode Island, New Jersey, New York and Hawaii, and the Commonwealth of Puerto Rico. While $170/wk is not alot, it is not nothing either.

Hope that helps.