South Jersey Nesties
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Question about Maternity Leave

I guess I live in a fantasy world but I thought maternity leave was paid.  My company sends out the employee handbook yearly and I checked out the maternity leave section.  I don't know why I thought maternity leave was paid but it's not.  I tried googling it to get some facts but it was pretty much useless.  It looks like you get 6 weeks of some sort of disability pay but it's not much.  Can anyone clarify for me?  We aren't TTC yet, but (hopefully) we will soon.

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Re: Question about Maternity Leave

  • There have been some recent changes to NJ State law regarding Family Leave Insurance.  The State will provide up to 6 weeks of Family Leave Insur Benefits if your employer doesn't cover you. 

    Let me look for the link.....

  • Most ppl get 6wks disabilty....(I am a teacher so I have to use sick time). Then you *may* be eligible for FMLA. This is when you take an additional 12 weeks and keep your benefits and your position but do NOT get paid. This depends on how many ppl are employed at your place of work.

     NJ has recentlt passed a ML plan, but it coincides with FMLA and many of us aren't sure yet how it works.

  • Oh... and the changes go into effect on July 1.

    Here's the link

  • I believe it is at your employer's discretion to pay you for the 6 weeks. Fortunately, I get full pay. But I know some places only offer partial, or you have to apply for state disability.

    I also heard/read about the paid FMLA act in NJ, but I'm still unclear how it works. I know it starts in July. I'm hoping I'm still eligible even though I work in PA, but I have yet to find that answer. 

  • Most people pay into unemployement and disability. If you do then I think you are eligible to claim/receive diability for a six week period (eight if you have a c-section).

    I am not eligible for state disability or unemployment. Therefore, I have a private short term disability plan that I pay for.

    Good news though!!! As of July 1, 2009 there is an addition to laws related to Family Medical Leave Act. FMLA has always protected your job for up to 12 weeks if you need a leave of absence for a qualified reason. Now your employer must pay you for 6 weeks of leave. Your employer can require you to use vacation days for the first week. Also, if a company has less than 50 employees they do not have to guarantee your job, even though they have to pay you.

     I'll add an *I think so* disclaimer to the above. I have many friends at work who have gone out on materinity leave and have begun to research it, so that I am prepared for the future.

  • Unfortunately, the Paid FMLA does not apply to teachers. At least that's how I read it online.
  • Thank you everyone!  I'll definitely be looking into it more but I figured this was a good place to start.  I don't want to start asking questions at work since we just got married. 
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  • Summer, is this just for NJ or all of the US?  I think NJ has their own FMLA laws.

    I work

    in PA
  • Philly....

    We didn't think it would apply to teachers, but they sent us official notification about the additional deduction for this. We are contributing every pay period, so this lead me to believe we're eligible. I hope so!!!

  • One more note... what I love about the new law is that it also covers 'Daddy Leave'.  In other words, your domestic partner also receives the same insurance benefits!
  • From what I understand it's a NJ law.
  • Yes, Smiley it does cover dads. And you can use these leave anytime within the first year after birth. The days for a new addition to the family need to be taken consecutively, but days to care for a sick family member can be taken intermittenly... a total of 3o something days here and there.

    So, in theory my H and I could both take it at seperate times to be with our future child a total of 12 weeks (paid).

  • I had to use six weeks of sick time, after that I could use up 6 weeks of vacation time.  I had no short term disability (I didn't plan on having a baby at the time) and did not have enough sick/vacation time, so I went without pay for a while :(  Being home with the baby was worth it though, I stayed home for 4 months.
  • I handle employee benefits for a living so I am going to try and explain this the best that I can.

    If you work in NJ, the state will pay you about 60% of your salary if should need to go on any type of disability.  The state will continue to pay you up to 6 months should the doctor need you to be out that long.  If you live in NJ, but work in PA, you won't be qualified because you are not paying taxes for it.  You would need to carry your own disability plan in that instance.  If you are out for 21 days or longer, which most maternity cases are, you will be paid from state from your first day out.

    The state recently passed a paid family leave act.  This does not pay you if you are out caring for yourself because you would already receive that.  This would pay your H if he was to be out to take care of you or your child.  It would also pay you if you needed to take time to care for the baby (remember that you can take leave to care for the baby within the first 12 months of their life).  Previously, you would not have gotten paid if you took leave for any other reason then to care for yourself.  They recently began the deductions from your paycheck, but you will not be able to tap the fund until July 1, 2009.

    I saw another post about FMLA.  FMLA is for job protection and is a federal law.  If you work for a company where you have over 50 employees at your location or a location that is within 75 miles of you and you've been there for at least 1 year, the employer is required to hold your job for you for up to 12 weeks in a rolling year period.  Employers may have different types of leaves that may grant you more time then that.

     NJ also has a seperate leave act which can allow you to have more time.  NJ is just a SPECIAL type of state!  This leave, called NJFLA, runs concurrently with FMLA, but this is to care for a dependent, not yourself.  For example, if you're pregnant and take 4 weeks before the baby, that would go against your 12 weeks of FMLA.  When the baby is born, your NJFLA begins which gives you an additional 12 weesk because you're caring for the baby.  This would allow you to take 16 weeks total, not just the standard 12 weeks. 

    Hope that all makes sense!

  • I should also add the FMLA is unpaid.  It is up to the employers discretion whether or not they will pay you for any portion of your leave, but they are not required under the FMLA law. 
  • NJBride11808 -- Thanks for explaining that!!
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