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Can I Resign from my job while collecting 50% wages from Paid Family Leave?

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#1
NEW YORK-

I am 12 weeks postpartum, and took time off from work 2 weeks prior to my delivery; my employer approved for me to take my rolled over/ earned vacation & sick time before taking 8 weeks Disability, followed by 8 weeks FMLA. During this time, I received full pay for my PTO, followed by 50% of my weekly wages as per Paid Leave Act/ FMLA. Due to my personal circumstances, I no longer wish to return to my job. Am I able to submit my 2 weeks notice during this time? Will this affect me receiving my 50% weekly wages?
 


cbg

I'm a Northern Girl
#2
Just to clarify something you evidently don't understand (and quite possibly your employer doesn't either) FMLA and STD run concurrently. FMLA is leave; STD is how you get paid while you are on leave. FMLA starts on the first day that you are out for a qualifying medical reason; it doesn't pick up several weeks down the pike. You may not realize it and maybe your employer doesn't either, but your FMLA started the day you delivered and if the 2 weeks prior to that was for medical reasons, possibly earlier than that.. So you are out of protected FMLA time. You are free to submit your notice any time you want to; your employer is free to accept it at any time that is convenient for him. (When you say, I'm resigning effective May 17th, he is free to say, Today is your last day, don't let the door hit you on the way out.) NY's Paid Family Leave is new enough so that I haven't done enough research yet to know for how long you keep your 50% wages. I hope, though, that you're not asking if the employer has to continue paying you after your last day of work (whatever day that might be); I think that's the height of gall to expect.
 

LdiJ

Senior Member
#3
NEW YORK-

I am 12 weeks postpartum, and took time off from work 2 weeks prior to my delivery; my employer approved for me to take my rolled over/ earned vacation & sick time before taking 8 weeks Disability, followed by 8 weeks FMLA. During this time, I received full pay for my PTO, followed by 50% of my weekly wages as per Paid Leave Act/ FMLA. Due to my personal circumstances, I no longer wish to return to my job. Am I able to submit my 2 weeks notice during this time? Will this affect me receiving my 50% weekly wages?
Is the 50% pay coming from the employer or a third party insurer?
 
#4
When I went over this with my employer, I was to understand that FMLA regulations allow me to take up to 8 weeks (not necessarily consecutively) within one year of an eligible event (i.e. childbirth). In other words, if for whatever reason, I needed to have taken only 2 weeks postpartum, then return to work for let's say 2 months, and take another 6 weeks down the line, I could have done so. Furthermore, I was approved by my employer to obtain Temporary Disability through their Disability Insurance Funding after depleting all of my rolled over time, then after those I could begin my FMLA time concurrently with earning 50% of my wages through STD. This is simply the information that I've been given.
 

cbg

I'm a Northern Girl
#6
FMLA is not just bonding time. It is also when you are out on medical leave. The FMLA regulation allows you to take up to 12 weeks in a 12 month period. You are correct that it does not have to be consecutive. You (and possibly your employer) are incorrect that FMLA does not start until the disability benefits end.
 
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