FMLA, STD, and Vacation Time

[Village Idiot]

What I'd like to see, if you're posting, is anything the disability plan has to say about waiting periods over and above what you've already posted, anything about pregnancy or maternity leave, and anything about coordination of benefits. At the moment I'm not concerned about what the company handbook says; just the disability policy.

This is all the information they have provided me with. Under the circumstances I supposed I could request copy of the full policy, but there are no other waiting periods, maternity leave or coordination of benefits stated on the summary of plan they provided me with. The only other reference to STD in coordination with FMLA is in the FMLA packet they provided though it says:

a- Leave is unpaid, although if you request leave because of your own serious health condition, any earned paid sick or vacation days will first be substituted for any unpaid leave.

b- The substitution of paid leave time for unpaid leave time does not exted the 12 week leave period.you may be eligible for short or long term disability payments under a company provided benefits plan, if applicable.

c- If you request Leave because of the birth, adoption, or foster care placement of a child or the serious health condition of your son, daughter, spouse, or parent earned pay leave will first be substitued for any unpaid leave.

Also, is this a self-funded plan (your checks are issued by your employer) or a fully insured plan (your checks are issued by Unum, Provident, Prudential or some other carrier)? STD checks are issued through a payroll service called Ceridian like the regular payroll check. The plan type is a self-insured salary continuation plan.

 

[cbg]

We're kind of at a standstill in that case. Without having read the terms of the policy as it relates to pregnancy leave, there's really no way for anyone here to tell why they are doing what they are doing or whether or not it constitutes a violation under the policy. It is not a violation under the law.

There is nothing whatsoever illegal about requiring you to substitute any paid leave for unpaid leave.

It's not impossible that the disability plan allows for only x amount of time for pregnancy to be paid, say six weeks; that three of those six weeks were covered by your paid leave and the other three by the disability policy. It's not carved in stone that they have to pay disability for the entire time you are out, particularly with a birth where FMLA gives you the option of staying out the full 12 weeks even if not medically necessary. But I can't possibly say that this IS the reason since I have no access to the plan.

 

[Village Idiot]

Well i know that other people who didn't have vacation time were paid up to the full 12 weeks, so i doubt that to be the case. Anyhow I wrote HR asking for a copy of the full policy, and all they replied is that what they need is to speak in person about this. Can they deny me the full policy in writing if i request it?

 

[cbg]

Were the other people you spoke of on maternity leave, or were they on disability for other reasons?

 

[Village Idiot]

They were on maternity leave, only they used up their vacation time prior to FMLA.

 

[cbg]

Okay, then I don't know the answer.

I don't know why they want you to pay back a week of the disability. I don't know why they're saying you're not entitled to seven weeks. I don't know.

Even if you are able to get your hands on a full copy of the policy, I don't have the time or the inclination to read the entire policy. IF you obtain the policy AND IF you post JUST the portions that I mentioned above, I will look at it. IF after reading that, I have any ideas, I will tell you.

Otherwise, I think you'll do far better by asking these questions of your HR department, who are far better equipped to answer these questions than I am.

I'm sorry if I sound sharp, but there comes a time when we just have to accept that a message board is not your best source of information.