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Can I request off more time? Im covered by FMLA

Posts: 1522
6/28/06 11:46 P

VALPO1997, I looked into the STD and FMLA situation and it actually depends on your company and state. With us if you leave before you have your baby (b/c the dr takes you out of work) you will go on STD...which can last up to 6 months. The day you have the baby FMLA will start. Depending on the dr you can get up to 12 weeks. Also depends on how many hours are in with the company. However, if the dr actually says you can't go back for 6 weeks I can get a form filled out by her and stay on STD for that conjunction with my FMLA.

In a lot of states they are required to have STD. I thought I had to pay into it but I found out that in SC they have to provide STD for every full time employee.

I think the best thing to do is to check with HR and find out how things go in your state and company b/c they can be very different.

Edited by: --X-X-X at: 6/29/2006 (00:17)

Posts: 548
6/28/06 11:58 A

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You would really need to work it out with your employer, since FMLA really only protects your job for 12 weeks. If you take off more than that, they may have to replace you.

Unfortunately, I had to stop working at 21 wks due to a complication in my twin pregnancy. I worked out my agreement with work. Essentially, from now until I deliver, I am on unpaid leave. After I deliver, I get 2 weeks of paid maternity leave. Since I will likely have a c-sect, my doctor wrote on my note that I cannot return to work until at least 8 wks after I deliver, the remainder of that time off is unpaid leave.

The superivisors at work signed a letter stating that they are commited to having me back after that time. And I signed a statement saying that I am commited to come back to work after the described leave that is medically necessary. So in the end, I will be off from work for 6 months approximately, but my situation is different from yours because 4 of those months are before my babies are born due to medical complications.

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Posts: 1806
6/23/06 3:49 P

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Short term disability (STD) is a benefit that the company offers to you. Or aka sick/maternity leave. STD pays you either all or a portion of your salary while you are off of work due to an illness/medical condition.

FMLA protects your job for up to 12 weeks (if your employer meets the qualifications).

These two run together so it is not STD then FMLA. For the time that you are off with STD, you are using your FMLA time as well. So, the 6 to 8 weeks that you are out for STD goes against the 12 weeks total for FMLA. Meaning you get 4 weeks left unpaid with FMLA, if you so chose to use it.

STD is not a guarenteed benefit it is something that the employer can choose not to.

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Posts: 4758
6/22/06 10:55 A

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The first thing you need to do is check with your HR department and then research the labor laws in your state. Typically, FMLA is 12 weeks job protection and is unpaid. It does run concurrently with any maternity leave pay you receive which is typically administered through Short Term Disability.

My company requires us to start FMLA even if we go out on leave prior to birth (which is what I did). Once you have exceeded the 12 weeks job protection, your job can be filled. However,if you request more time off and your job is filled (and this depends on the state of course), you should be able to qualify for unemployment benefits for about 6 months.

This is actually what I am hoping to do since I will only have 8 weeks of FMLA left if I deliver on time. I am going to request and unpaid personal leave of absence and hope that they fill my position so that I can get unemployment for 6 months. That will give me at least some income and time with my baby. And I'll be able to search for a better job which I had planned to do anyway.

Good luck!

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Posts: 2362
6/21/06 6:32 P

you may also want to check with your doc
usually the receptionist are familiar with filling out the paper work
i checked with my hr dept, they sent me the paperwork and i brought it to my doc, they filled out and mailed the papers required for the state of ca

Posts: 27244
6/16/06 3:51 P

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well at my company short term and matenity leave are one in the same, as soon as you were out of the office 15 calendars days i was put on short might want to call your HR department

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Posts: 1870
6/16/06 3:35 P

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How do you go about getting short term disability during maternity leave?

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Posts: 1806
6/2/06 3:53 P

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Ok, your company offers 5-6 weeks you are referring to Short Term Disability (STD). This can vary depending on if you have any complications. C-section is 8 weeks. Additional sickness can be more than your standard 6 weeks.

Please remember that during your paid time off, it runs concurent with FMLA. Meaning the time you are off getting paid you are also using your FMLA leave time too.

You only get 12 weeks total for FMLA. Then your company can decide if they want to allow for personal time. However, during this time you can be replaced in your role because it is no longer protected.

Keira Mackenzie born 9/5/06 at 4:30 am
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19 inches

Posts: 4
6/1/06 2:14 P

I am a receptionist i have been at my job for over a year, trying to get pregnant and wondering what to do about maternity leave,my work initally offers 6-8 weeks and this would be my first, i want to request 5-6 months, Does anyone know if I would be able to and Be able to come back to work, Does anyone know how this all works?

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