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Old 03-23-2019, 10:43 AM
 
Location: Somewhere that cost too much
380 posts, read 212,813 times
Reputation: 206

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Quote:
Originally Posted by Maddie104 View Post
FMLA can be used for one's own serious health condition -- which may be paid or unpaid. So, a company can designate short-term disability leave as FMLA. Many companies designate the pregnancy disability period as FMLA so disability period and family leave period combined is limited to 12 weeks annually. Company policy can be more generous but not less than FMLA.

The real issue is that the OP has state family leave and state regulations would prevail whether state leave runs concurrently with FMLA.

Posters please read regs from the Department of Labor web site.


https://www.dol.gov/whd/fmla/
Overview

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:
the birth of a child and to care for the newborn child within one year of birth;
the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
to care for the employee’s spouse, child, or parent who has a serious health condition;
a serious health condition that makes the employee unable to perform the essential functions of his or her job;
any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

(Q) Is my employer required to pay me when I take FMLA leave?

The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period. An employee must follow the employer’s normal leave rules in order to substitute paid leave. When paid leave is used for an FMLA-covered reason, the leave is FMLA-protected.
I didn't have any days left to use as it was the end of the year when I had my c-section. The company wouldn't allow me to have any new days of the new year because I would be out on leave so I HAD to go on short term disability and then take my Paid Family Leave because I NEEDED an income. FMLA was not an option as it would has been 12 weeks of unpaid leave. Paid Family Leave is New York State leave that is 10 weeks that is paid.
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Old 03-23-2019, 10:50 AM
 
7,970 posts, read 9,741,607 times
Reputation: 14033
Quote:
Originally Posted by jc718 View Post
I didn't have any days left to use as it was the end of the year when I had my c-section.
You knew you were having a baby and decided to use up all of your days before the birth anyway?
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Old 03-23-2019, 11:03 AM
 
Location: Somewhere that cost too much
380 posts, read 212,813 times
Reputation: 206
Quote:
Originally Posted by spencgr View Post
You knew you were having a baby and decided to use up all of your days before the birth anyway?
I went on vacation BEFORE I found out I was pregnant.
I was a high risk that means more appointments than a normal pregnancy.

I hope you or someone you know NEVER finds themselves in that position.
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Old 03-23-2019, 11:17 AM
 
851 posts, read 222,672 times
Reputation: 1400
Quote:
Originally Posted by bpollen View Post
She was out on short term disability leave. Not FMLA.
Quote:
Originally Posted by jc718 View Post
I didn't have any days left to use as it was the end of the year when I had my c-section. The company wouldn't allow me to have any new days of the new year because I would be out on leave so I HAD to go on short term disability and then take my Paid Family Leave because I NEEDED an income. FMLA was not an option as it would has been 12 weeks of unpaid leave. Paid Family Leave is New York State leave that is 10 weeks that is paid.
OP; this is a fairly complicated situation since state regulations are involved and since you don't have an HR Department, I'll try to help you as best I can.

People commonly confuse FMLA as exclusively unpaid leave but even if you are receiving company paid leave or state paid leave, it can all fall under the FMLA umbrella if you work for an employer with 50 or more employees within a 75 miles.

I know you are most concerned about whether the company can cut your pay and here are my thoughts based on my knowledge of FMLA:

If your job is being eliminated due to business reasons, such as you stated, the company can lay you off or offer you another job. If the other job is at a lower pay grade, then yes your pay may be adjusted. However, if there are other employees in a similar job at the lower pay grade, your new pay should be in line with those employees. Ask if they could red circle your pay. THis means that your pay will not be cut but you will not be eligible for further increases until your pay is within the range of the new job.

If it appears that the company is cutting your pay arbitrarily (they are cutting your pay because they think you will be desperate returning from maternity leave), then you should seek legal advice.

Having stated all this, NY state law may have other job protections so please seek guidance as i mentioned in a previous post.

Last edited by Maddie104; 03-23-2019 at 11:27 AM..
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Old 03-23-2019, 11:55 AM
 
Location: Somewhere that cost too much
380 posts, read 212,813 times
Reputation: 206
Quote:
Originally Posted by Maddie104 View Post
OP; this is a fairly complicated situation since state regulations are involved and since you don't have an HR Department, I'll try to help you as best I can.

People commonly confuse FMLA as exclusively unpaid leave but even if you are receiving company paid leave or state paid leave, it can all fall under the FMLA umbrella.

I know you are most concerned about whether the company can cut your pay and here are my thoughts based on my knowledge of FMLA:

If your job is being eliminated due to business reasons, such as you stated, the company can lay you off or offer you another job. If the other job is at a lower pay grade, then yes your pay may be adjusted. However, if there are other employees in a similar job at the lower pay grade, your new pay should be in line with those employees. Ask if they could red circle your pay. THis means that your pay will not be cut but you will not be eligible for further increases until your pay is within the range of the new job.

If it appears that the company is cutting your pay arbitrarily (they are cutting your pay because they think you will be desperate returning from maternity leave), then you might want legal advice.

Having stated all this, NY state law may have other job protections so please seek guidance as i mentioned in a previous post.
Thank you, because that is what I think. Pay varies based on skill and years at the company. From what I've been told and what people say no one assistant gets paid the same. I will get legal advice.
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