family leave and maternity the same?

[shelleysheart]

Hi, I'm Michele and live in New Jersey. I have done some research for my sister-in-law and co-worker who are both pregnant.

They both would like to do a Family Leave Act after their baby is born. It is my understand that this Act and disabilitly is not the same thing. Isnt is true that they are entitled to 4 weeks before and 6 weeks after the birth of the baby. Then 12 weeks of the Family Leave Act?

I read an article that stated that it was after the paid disability that the Family Leave Act would start. Our company is stating that they are only allowed another 6 weeks totaling 12. If this is true, why? We pay into disability, and are entitled to it. Why should that interfere with the 12 weeks we are entitled to by this new Act? I have a feeling that our company is lying to them ... hoping not to lose 18 weeks from their employment.

If anyone knows that law here in NJ ... I would love to hear from you!

Thanks

[Sue]

Originally Posted by shelleysheart

Hi, I'm Michele and live in New Jersey. I have done some research for my sister-in-law and co-worker who are both pregnant.

They both would like to do a Family Leave Act after their baby is born. It is my understand that this Act and disabilitly is not the same thing. Isnt is true that they are entitled to 4 weeks before and 6 weeks after the birth of the baby. Then 12 weeks of the Family Leave Act?

I read an article that stated that it was after the paid disability that the Family Leave Act would start. Our company is stating that they are only allowed another 6 weeks totaling 12. If this is true, why? We pay into disability, and are entitled to it. Why should that interfere with the 12 weeks we are entitled to by this new Act? I have a feeling that our company is lying to them ... hoping not to lose 18 weeks from their employment.

If anyone knows that law here in NJ ... I would love to hear from you!

Thanks

The FMLA can run CONCURRENTLY with any other leave as long as your employer notifies the employee as to when it takes effect. Meaning it is a total of 12 weeks in a year that an employer is requried to give an employee for illness, pregnancy, etc. It does not have to be in addtion to any other leave.

Let me know if you have further questions.
Sue

[aeh4543]

Michele:

A couple of other things to think about when it comes to FMLA.

First, it only applies to companies that employ 50 or more employees within a certain radius (I believe it is 75 miles). I'm assuming that both companies fall under those guidelines (unless they both work for the same one)?

Also, the FMLA guarantees up to 12 weeks of unpaid leave. If the company cannot hold the exact same job open for that length of time, it has to provide a similar one upon the employee's return.

Essentially, the company(ies) need to put it in writing that they are going to use the FMLA concurrently with short-term disability; otherwise, their argument is not valid.

[bob_nj]

I am dealing with the same thing at work right now.

What I got from the response to this question is, if there is no company policy stating that the STD and FMLA will run concurrently, then the new mom can use up the 6 weeks after her delivery before her 12 weeks of FMLA kick in?

That kind of makes sense, but what is the 6 week period called after the birth? It's not FLA or FMLA yet, so is the employer bound by all of the FMLA rules nonetheless?

I also found this interesting enough to confuse me further;

http://www.tcnj.edu/~hr/benefits/lea...eaveofabs.html
The Pregnancy portion of Maternity leave is covered under the Federal Family and Medical Leave Act (FMLA). Please note that the Federal FMLA covers an employee's serious illness but the New Jersey Family Leave Act does not do so. ***The FMLA usually covers the time period during the 4 weeks before and 6 weeks after the birth of the baby, (8 weeks for cesarean section).

Thanks_bob