Maternity Leave

[Hanka]

What is the name of your state? NJ (living), NY (working)

Hello!

I am pregnant and working for very small company (only 3 employees - not much benefits). I will be taking my 3 months maternity leave soon (in 4 weeks) and then I plan to return back to my work. My employer just told me that maternity leave is same as leave of absence and I am not eligible for any compensation from the company. But also said that there is something as worker's compensation ... I don't really know, what she was talking about.

Can you please advise me if I have any rights and if I am eligible to receive any payment from anybody and how do I apply? (Unemployment, health benefit, ... ).

Thank you.

HanaWhat is the name of your state?

 

[ecmst12]

I don't see how pregnancy could get you worker's comp unless somehow your job caused you to become pregnant (which is only legal in NV!). Sometimes pregnancy-related absences can qualify for short or long term disability, but only if it's because of a complication, not just routine maternity leave. You wouldn't be able to get unemployment because you need to be physically able to work, and be actively seeking employment, to qualify for this benefit.

Such a small employer is not bound by FMLA (and FMLA is unpaid leave anyway) but it's very nice of them to hold your job for you while you are out. If you have accumulated vacation days, they may let you use them to cover part of your leave, but I don't believe they're required to do so. They should continue your health benefits (if you have them) but they may require you to pay them your portion of the premiums since you will not be getting paychecks to deduct it from.

 

[cbg]

NJ and NY are both among the very few states which provide for a state disability program. There are only five such states and you live and work in two of them.

I believe that you file in NJ since that is where you live. You will have to ask the state to be certain, however.

 

[ecmst12]

They provide disability benefits even for routine pregnancy/maternity leave?

 

[cbg]

Yes, they do. This is NOT workers compensation - available only for work related injuries (although in at least one state the workers comp board administrates the plan).

In five states - CA, NJ, NY, HI and RI - the state either requires an employer to provide an STD plan for NON-work related illnesses or injuries, or administers an STD/LTD plan themselves for such injuries/illnesses. Pregnancy/maternity is included in such plans.

 

[ecmst12]

I just asked because I briefly worked for a company that sold disability insurance (short and long term) and their policies specified that routine deliveries/maternity leave did not qualify as a disability, only pregnancy complications requiring bed rest prior to delivery or extensive recovery afterwards would qualify under those policies. So I thought that was the standard. Pretty cool for those states though, maybe I should move across the river before I have kids!

 

[nextwife]

Yes, they do. This is NOT workers compensation - available only for work related injuries (although in at least one state the workers comp board administrates the plan).

In five states - CA, NJ, NY, HI and RI - the state either requires an employer to provide an STD plan for NON-work related illnesses or injuries, or administers an STD/LTD plan themselves for such injuries/illnesses. Pregnancy/maternity is included in such plans.

So women who have babies get to have the taxpayers/emplyers pay for their baby bonding time after arrival, but adoptive mommies have to foot the bill for their off time after their baby "arrives"???? Once delivery recovery occurs and there is not an "illness", why would a biomom have any greater entitlement to time off COVERED than the father would, or a non-biological new parent?

 

[ecmst12]

I don't think anyone said that. I'd be willing to bet that the states that offer it, offer the same benefit to new adoptive parents.

 

[moburkes]

Short term disability is generally provided after the birth of a child either vaginally or by c-section. Short term disability is also available before you even give birth (which is definitely not bonding at all). I was on bedrest, and medically unable to work, and received it. Its not at ALL for bonding, sorry.

OP: what kind of "compensation" were you expecting? You don't qualify for FMLA (again, which is unpaid). You may qualify for sick pay, or be able to use vacation/earned time off pay, if your employer allows it. You don't qualify for WC (that was funny, about NV-I wonder if that's really true?!?!?). YOu will probably qualify for STD (short term disability, not to be confused with the women in NV) after a waiting period.

 

[cbg]

And I didn't say it was funded by the taxpayers. At least in NY, it is funded by the employers based on payroll. I believe the same is true in CA. I'm not sure about other states.

I didn't say anything at all about adoptive parents. I particularly did not say that adoptive parents don't get any benefits. Many states have laws that require adoptive parents to receive the same benefits as birth parents.

Don't put words in my mouth, please.

ecmst12 - the company you worked for may very well have been in violation of the Pregnancy Discrimination Act, which requires that pregnancy cannot be treated differently than any other medical condition.

 

[moburkes]

Adoptive parents qualify for FMLA, by the way. AND, both moms and dads qualify for it, for both adopted and bio born children.

 

[nextwife]

THe poster was asking about a leave of THREE months, non-medical, for bonding. Certainly delivery/ and or pregnancy related leave is medical and should be covered. I misunderstood that she was being advised that her three month maternity leave, not just the delivery recovery, would be covered.

 

[moburkes]

Generally, disability after delivery is only for 6 weeks. However, disability before delivery can last until delivery. However, even when FMLA eligible, its for a rolling 12 month period, so every moment of FMLA used counts towards whether or not the employer is required to hold the job available. This person's employer is being super nice, by holding a job for 3 months.

 

[cbg]

The amount of time that she is eligible to receive disability benefits is not necessarily the same as the amount of time that she is entitled to be on leave.

 

[moburkes]

The amount of time that she is eligible to receive disability benefits is not necessarily the same as the amount of time that she is entitled to be on leave.

Yup, exactly!

I'm hoping that OP really didn't think that in about 4 weeks time, whenever that little one is ready to show himself, her employer was going to pay her to be off work for 3 full months, and potentially have to also pay someone else to do her job! I hope that wasn't the case. I hoep that she has been saving money so that she can be off work, and that what we have discussed is not a big shocker!