Maternity Leave in NY- but live in NJ

[nynjteacher]

I work in NY but I live in NJ. I am eligible for FMLA leave.

My doctor in NJ is telling me that I am only eligible for four weeks prior to the birth and then six weeks afterward (8 if Csection birth). My NY HR rep and Union are telling me that it is up to my doctor how much FMLA leave they will give me. My doctor says that if there are extenuating circumstances (conditions or medical problems) they will consider extending my FMLA leave in two week increments based on my condition.

I'm a teacher and due the first day of school. I don't need the four weeks prior to my due date. From what I understand NJ's FMLA laws are quite different than NY. I'm wondering if this a "translation" error on my doctor's part (being that my situation is different because I work in NY) or if this is really how it is. Because of my status at my school I am not eligible for any other leave except this FMLA leave, and I really need all 12 weeks.

Any advice on how to navigate this?

 

[ecmst12]

FMLA after the birth of a child doesn't need medical certification of disability, it is perfectly acceptable to take bonding time. So if you don't take any time off before the birth, you can take all 12 weeks afterwards.

 

[justalayman]

but your FMLA time is limited to 12 weeks total for any given 12 month period. If you have had time off in the time less than a year prior to your leave for the birth, that will be counted in your total FMLA time.

and if you work in NY, if NY has their own laws concerning this (FMLA itself is a federal law), the laws of NY would apply, not those of NJ/

 

[ecmst12]

The NJ doctor was probably talking about the NJ state disability plan, which provides payment only for those time periods he stated. It has nothing to do with FMLA which provides TIME but not payment. And I'm not sure if OP is covered under the state disability plan since she doesn't work in NJ; I was covered when I worked in NJ even though I didn't live there but I am not sure if it works the other way. If she's covered though, there will be a deduction for it on her pay stubs.