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Maternity Disability And Family Leave In Nj

Disability Insurance News & Discussion

Maternity Disability And Family Leave In Nj

Postby Arthwr » Sun Oct 05, 2014 2:07 am

Hi,I have a new human resources person with no experience in HR. She is telling me that I cannot take short-term disability for the birth of my child in June because I have approximately 11 weeks of paid leave - sick days and vacation days - available to me and that all of these days available to me will just fall under NJ Paid Family Leave Act(which allows me 12 weeks paid). So, instead of having 12 weeks Paid Family Leave and 6 weeks of disablity after the birth of my child, I am only allowed 12.

We do not use state disability but a private company. Is there someone I can call who can be knowledgeable about all of this in NJ?

Thanks in advance for your help!
Posts: 66
Joined: Thu Jan 02, 2014 3:54 am

Maternity Disability And Family Leave In Nj

Postby Thijs » Sun Oct 05, 2014 2:15 am


I am not an expert in the interplay of New Jersey disability and family medical leave.  I can give you some resources to look up some additional information and someone to speak with.  You can also ask the private disability carrier about the disability and how it would work with FMLA.

Something else I can suggest is referred to as "concurrent coverage" ..    For example, with the federal FMLA,  an employee CAN BE REQUIRED by company policy to use up all sick and vacation time first as PAID FMLA before converting to unpaid FMLA.    In an example,  with Federal FMLA,  if the employee has 3 weeks of vacation,  then they need 12 weeks of FMLA,  the employer can use up the first 3 weeks as "paid FMLA" and then after it is gone, the remaining 9 of 12 weeks would be "unpaid FMLA" for a total of 3 + 9 paid and unpaid leave weeks for 12 full weeks of FMLA..  I say this because maybe your employer policy requires you to use your accrued vacation time as "paid disability"  then when it dries up, you will go over to the employer's policy to get paid from that.  The whole time, the clock is ticking on your total disability time away from work.  At the SAME TIME,  FMLA(federal) could be also ticking so you will essentially have three clocks running at the same time,   paid vacation as disability,  unpaid disability and federal FMLA- They are separate laws,  but they will all start at the same time.

The same situation happens with an employee who is hurt on the job.  Consider this-  they get hurt at work,  get put on WC and can't do limited duty.  So, they are on Workers comp, but are getting paid from accrued vacation FIRST as paid FMLA,  when the paid FMLA runs out,  if they are still off work, then the eemployer's workerss comp policy kicks in and the empoyee is paid from the policy for the rest of the time they are off work-  and FMLA runs out after 12 weeks.     Different laws layered on top of one another.

New Jersey has a state disability plan and it does apply to pregnancy in most situations.  Go to this link and Go to the middle of the page "Applying for Benefits"  and select pregnancy.  Read that.http://lwd.dol.state.nj.us/labor/tdi/worker/state/sp_clt_menu.html

Next, on the same site is information about New Jersey's State Family Medical Leave Act.    This is in ADDITION to the Federal FMLA law.    Some states like Pennsylvania(where I am) only have Federal FMLA-  New Jersey has their own State FMLA plus Federal FMLA.   Read up the state FMLA here...   On the left side,  click  " Family Leave Insurance.http://lwd.dol.state.nj.us/labor/fli/fliindex.html

The federal FMLA law will apply to you if you have 50 or more employees within a 75 mile radius of your workplace.  Also, you must be full time and have worked there 1 year, and had completed 1250 hours at the time your leave will commence.   Of course,  pregnancy is a qualifying event under FMLA...

Read the company's policy on FMLA, talk to the HR person and even if she frustrates you, try to work together on this.   After the dust settles,  you will still need to work there if you choose to go back after the baby comes.

Good luck on your new addition.

Brian Phillips

HR Business Consultanthttp://www.harvis.org  
Posts: 42
Joined: Fri Jan 31, 2014 12:52 am

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