Legal Question in Medical Leave in New York
Flma and pregnancy
I am currently 34 wks and was put out on medical leave by my OB due to hypertension. I am currently paid until 2/28 using my accrued vacation and sick time. I was informed by my HR dept that even though I am currently being paid this is considered to be apart of the time for FMLA. Is this true? I was under the impression that accrued time is to be used first. Then the FMLA granted that I have not delivered yet. Once delivered it would turn into Maternity leave and the rest of the FMLA. Is there any information that can be used to support the claim of using all accrued time ,before the actual FMLA can be used?
2 Answers from Attorneys
Re: Flma and pregnancy
As a general rule for FMLA an employer can run FMLA time concurrently with any other leave time that you may have available.
Re: Flma and pregnancy
You are confusing terminologies. FMLA covers leave taken for maternity reasons. The term 'Maternity Leave' is a term used by companies usually to offer coverage that exceeds the FMLA requirements. In any event, your FMLA time may include vacation, accrued time, and maternity leave.
Depending on your company's policies and coverage, it may be in your best interests to apply for Short Term Disability benefits through your company, which usually covers you for up to 26 weeks at a reduced amount of pay.
You should speak with your HR department and perhaps a local employment lawyer if you need further guidance.
Good luck and congratulations!
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