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one more quick question
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one more quick question
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
An employee gave us a letter yesterday stating that she is pregnant and wants to go on FMLA as she gets closer to her deliver date. We have state disability so I was unsure as to why she wanted to do
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one more quick question
posted at 12/3/2009 1:10 AM EST
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Posts: 188
First: 10/11/1999 Last: 5/5/2010 |
An employee gave us a letter yesterday stating that she is pregnant and wants to go on FMLA as she gets closer to her deliver date. We have state disability so I was unsure as to why she wanted to do this. She said because she wants to spend as much time as she can with her newborn.While I can understand that, FMLA is not for these purposes . I'm not even sure she can decline using the state disability. I understand should something go wrong and more time is needed she may be eligible for FMLA, but, wouldn't she have to use disability and then perhaps take her vacation time. Her argument is that she only gets disability for 10 weeks as opposed to 12 weeks FMLA. But, she wouldn't be getting paid and I really don't think she can do that? |
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one more quick question
posted at 12/3/2009 4:24 AM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
FMLA is exactyly for this purpose. I would encourage you to visit http://fmlaonline.com/ and http://www.dol.gov/whd/fmla/index.htm to learn more |
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one more quick question
posted at 12/3/2009 8:23 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Disability = income replacement only
FMLA = job protection only (only required to be unpaid; up to employer/STD plan as to whether to pay) Both can run concurrently. Some states also have other leaves that coincide....you need to research this well. Be very very careful. Because if you have stated any of this to this employee, you need to backtrack immediately, because you are as wrong as you could possibly be. FMLA is EXACTLY for this purpose and denial of FMLA wrongly can get your company in very hot water with the DOL. |
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one more quick question
posted at 12/4/2009 2:44 AM EST
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Posts: 188
First: 10/11/1999 Last: 5/5/2010 |
thank you so much for jump starting my memory-should have remembered FMLA is for pregnancy time off-I was trying to think of all the options we have here with the disability and state medical life insurance. You guys are a life saver !!!!!! |
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one more quick question
posted at 12/8/2009 9:45 AM EST
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Posts: 15
First: 9/18/2008 Last: 5/13/2011 |
It's not really for "pregnancy" though that would qualify as a significant health condition.
It's also for baby bonding. Remember that she is still entitled to the full 12 weeks even after she is released to come back to work. |
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