short term disability and FMLA

[Guest M Mirkin]

In trying to research material for a new HR manual, in maternity cases with medical certification, if the new mother elects to take the states (we're in NY) short term disability coverage, which extends for 180 days, can this possibly extend or override the FMLA regulations of 12 weeks (84 days)

Thanks for any help and/or insight.

[Guest jreddi]

No, it doesn't override the Federal FMLA unless the NY state FML is more generous.

The two would work hand in hand. On the one hand you have FMLA, which covers the employee for 12 weeks of unpaid leave. During that leave, the employee can use sick, vacation, PTO or disability to get income. On the other, the NY state disability only enhances the payments to the employee and won't generally require that the employee be given time off beyond the Federal FMLA.

We have SDI (State Disability Insurance) here in California. The non-public employees pay into it and reap the benefits when they are on leave. SDI however does not dictate what time should be given to an employee, it is simply disability insurance. NY is the same way, if memory serves.

Our disability insurance for maternity leave, as an example, pays the employee up to 8 weeks of benefits. The employee can supplement that, after the 8 weeks, with sick or vacation time. This in no way decreases the time they are allowed on FMLA. Nor, should the employee be paid more than 12 weeks of benefits, will it extend the FMLA period.

[KIP KRAUS]

M Mirkin:

The first thing to understand is that FMLA allows employers to have DBL/STD benefits run concurrently with FMLA. In our case, any employee who is out on NY DBL is automatically on FMLA beginning the first day of disability.

In the case of a maternity related disability, once DBL payments end the employee may continue her FMLA up to the maximum number of weeks remaining. Therefore if her DBL payments end after 6 weeks, which is typical for normal delivery in NY, she can continue FMLA for the remaining 5 weeks. She has 5 weeks remaining because she will not receive DBL payments during the first week.

By the way, as far as I know NY does not have a family leave law.

[Guest tinajordan]

I have a plan (profit sharing) where an employee will be on maternity leave starting 11/23/02. However, based on the definition in the plan document "Allocation to terminate participants, any participant who terminated employment during the plan year for reason other than death, total and permanent disability or retirement shall not share in the allocation of contributions and forfeitures regardless of hours of service"

basically her employer does not want to contribute her portion of contribution in the plan while she is on maternity leave. Can he do this? I say no, because she is still considered an employee and she receives the same benefits as if she was working there full time.

thanks

tina