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Maternity leave and disability in New Jersey

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  • Maternity leave and disability in New Jersey

    I need help understanding maternity leave and disability in NJ.

    My due date is January 19, 2011. My last day of work is going to be December 18, 2010 and my employer has a private disability plan. At my company, we are entiled to 10 paid sick days a year.

    Since I have 6 sick days for 2010, I have to take those before I start collecting disability. Therefore, my first day of receiving disability will Dec 28. My employer is telling now that I have to take my 10 sick days for 2011 at the begining of January.

    Can they force me to take the sick days at the beginning of the year while I'm already on disability? Also, am I entiled to 4 weeks before birth and 6 weeks after birth?

    I don't understand why they are making me take 2011 sick days since Im already collecting disability from the private disability plan that they have.

    Please help!!

  • #2
    If they have a policy in place that requires use of any available paid time off while on leave, yes, they can force you to use that time at the beginning of your leave.

    We have a similar policy in place here, where we use up all available leave time at the beginning of an approved leave of absence. The reasoning behind it is so that you don't go out on 12 weeks of FMLA leave, come back to work for a week and then go back out for 2 weeks of vacation.

    The difference in our case is that we do not allow employees to accrue any more leave time while they are out on leave. So our company would not give 10 days of sick time when the calendar year starts over - accruals would instead restart when you come back from leave. Compared to mine, I think that is a generous company policy.

    It sounds like your company's private disability policy is 100% pay for STD? Our short-term disability has a one-week elimination period before it starts paying, and once it starts, it's at 60% pay, not 100%, so any available leave time would supplement the remaining 40% until it ran out. Your company's carrier may require the use of all available leave time to lower the cost of coverage.

    I'll let others chime in on NJ maternity leave policy. Does FMLA apply to your company?


    • #3
      These are the leaves & income available in NJ for a pregnancy. (when the employee qualifies for all) You might want to review these links re the federal FMLA, NJ FMLA (NJFLA) & the new Paid Family Leave Act eff. 7-1-09.

      federal FMLA - job protection - unpaid leave

      NJ Fam. Leave act (NJFLA) - job protection - unpaid leave

      NJ Paid Fam. Leave Act - employees may take up to 6 wks. of pd. family leave at any time within one year of the birth or adoption of a child, etc. (see link) - no job protection but paid leave

      questions & answers re above pd. fam. leave -

      N J also has a state disability income plan to get pd. while off on unpd. disability leave. However, in your case it seems your employer has a private plan.
      Last edited by Betty3; 12-16-2010, 08:28 AM.
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