Short Term Disability and FMLA

[Goober]

Hi, I need to know exactly what I need to do to set up time off for pregnancy (as a part time employee). I have been trying to figure out what I need to do all afternoon and am getting no where- I'm sure because they want you to screw up so they don't have to pay out.

How can you give 30 day notice for FMLA is you don't know when you will need it and who does that need to be submitted to?

Being part-time, do I only get 6 weeks FMLA? So if I am put on bed rest prior to my birth, then what? I just run out of time and lose my insurance?? Or potentially have to go back to work before the birth? What are your options if you medically need more time than that?

Does the short term disability and FMLA have to be taken concurrently?

I am so frustrated- the HR person is only around in my building sometimes and I have no idea when and no way to contact...I'm getting to the point where I really can't do my job anymore but my due date is about 8 weeks away. I would like to try to work like 2 more weeks and after that my doctor wants me done- so potentially I could be out of FMLA before I even give birth!? And what about afterward? I have a good chance of having a c-section...what about recovery time for that?

 

[JonFrum]

Assuming you are a union employee, Look in the National Master, and your regional Supplement, and search the Internet for federal and state laws regarding both FMLA and pregnancy leave. Also dig out your health plan's Summary Plan Description (SPD) booklet.

The FMLA website is here . . .
http://www.dol.gov/whd/fmla/index.htm

Get the FMLA form from your Human Resources person or through your supervisor or from the website and have your doctor fill it out. Then you can take the time as you need it. It's flexible.

ARTICLE 16. LEAVE OF ABSENCE
Section 4. Maternity and Paternity Leave
It is understood that maternity leave for female employees shall be granted with no loss of seniority for such period of time as her doctor shall determine that she is physically unable to return to her normal duties and maternity leave must comply with applicable state and federal laws.

A light duty request, certified in writing by a physician, shall be granted in compliance with state or federal laws, if applicable.

Paternity leave shall be granted in accordance with Section 6 of this Article with the exception of employees not able to meet the qualifications set out in Section 6, who shall be granted leave not to exceed one (1) week.

Notwithstanding any provision to the contrary in any Supplement, Rider, or Addenda, an employee shall be allowed to designate in any vacation year paid time off up to twenty (20) days, to be used in the next vacation year, in accordance with this paragraph. Any paid time off that is provided on a weekly basis can only be banked in weekly increments. The accrued paid time off may be used in the next vacation year to cover any period of time that (1) the employee is determined to be unable to perform her job due to pregnancy (for the father, time off is requested due to the birth) and (2) is not covered by the FMLA, existing disability plans or other paid time off. If the accrued time off is not used in that year, it will be paid to the employee within two (2) weeks of the request. If the vacation is not used as part of the leave, and it would have originally been taken in that vacation year, the employee shall also have the option of rescheduling the unused vacation as time off in accordance with local practice.

Section 6. Family and Medical Leave Act (FMLA)
All employees who have worked for the Company for a minimum of twelve (12) months and worked at least 1250 hours during the past twelve (12) months are eligible for unpaid leave as set forth in the Family and Medical Leave Act of 1993.

Additionally, any employee not covered above, that has worked for the Company for a minimum of thirty-six (36) months and accrued at least 625 paid hours during the past twelve (12) months is eligible for unpaid leave as set forth below, except that the amount of leave allowed will be computed at one half (1/2) of the time provided by the FMLA.

Eligible employees are entitled up to a total of 12/6 weeks of unpaid leave during any twelve (12) month period for the following reasons:
1. Birth of a child;
2. Adoption, or placement for foster care;
3. To care for a spouse, child, or parent of the employee due to a serious health condition;
4. A serious health condition of the employee.

The employee’s seniority rights shall continue as if the employee had not taken leave under this section, and the Employer will maintain health insurance coverage during the period of the leave.

The Employer may require the employee to substitute accrued paid vacation or other paid leave for part of the 12/6 week leave period.

The employee is required to provide the Employer with at least thirty (30) days advance notice before FMLA leave begins if the need for leave is foreseeable. If the leave is not foreseeable, the employee is required to give notice as soon as practicable. The Employer has the right to require medical certification of a need for leave under this Act. In addition, the Employer has the right to require a second (2nd) opinion at the Employer’s expense.

The provisions of this section are in response to the Federal Act and shall not supersede any state or local law, which provides for greater employee rights.

National Master:
http://www.teamster.org/sites/teamsters.prometheuslabor.com/files/03%2006%2009%20Final%20UPS%20Master%20Agreemnt%202008-2013.pdf

Partial Supplements:
http://tdu.org/node/1617

If it's a boy, you're not planing on calling him Goober are you?

 

[cachsux]

Hi, I need to know exactly what I need to do to set up time off for pregnancy (as a part time employee). I have been trying to figure out what I need to do all afternoon and am getting no where- I'm sure because they want you to screw up so they don't have to pay out.

How can you give 30 day notice for FMLA is you don't know when you will need it and who does that need to be submitted to?

You only need to apply for FMLA,state the reason, and when upon doctors orders you need to begin your leave will the time begin. Your due date would be a good approximation but it could begin at any time. Do yourself a favor and make sure you apply for INTERMITTENT FMLA. This will allow you to take time for the delivery and if you have time remaining use it on a hourly,daily,or weekly basis if a need arises such as a sick infant and the associated care/doctors visits.
Being part-time, do I only get 6 weeks FMLA? So if I am put on bed rest prior to my birth, then what? I just run out of time and lose my insurance?? Or potentially have to go back to work before the birth? What are your options if you medically need more time than that?
You don`t necessarily only get 6 weeks just because you`re PT. If you have put in the hours ,1250,you could get the full twelve.


Does the short term disability and FMLA have to be taken concurrently?
Not necessarily. Do you have any vacation time available? Ask to move it up to the time near your delivery/bed rest date,use it, then call and begin FMLA . This will help extend the amount of time you have.

I am so frustrated- the HR person is only around in my building sometimes and I have no idea when and no way to contact...I'm getting to the point where I really can't do my job anymore but my due date is about 8 weeks away. I would like to try to work like 2 more weeks and after that my doctor wants me done- so potentially I could be out of FMLA before I even give birth!? And what about afterward? I have a good chance of having a c-section...what about recovery time for that?

I would think you could use ST Dis for the period after that.

 

[UPSGUY72]

call your HR rep they have all the info you need

 

[fxdwg]

Hi, I need to know exactly what I need to do to set up time off for pregnancy (as a part time employee). I have been trying to figure out what I need to do all afternoon and am getting no where- I'm sure because they want you to screw up so they don't have to pay out. Very interesting comment. Why start out your first post with this?

How can you give 30 day notice for FMLA is you don't know when you will need it and who does that need to be submitted to?
Work through your Sup and your HR person will meet you at the time and date that you ask to be established.

Being part-time, do I only get 6 weeks FMLA? So if I am put on bed rest prior to my birth, then what? I just run out of time and lose my insurance?? Or potentially have to go back to work before the birth? What are your options if you medically need more time than that? No offense, new Mom, but get some good info and leads, but no one on BC can officially answer your question.

Does the short term disability and FMLA have to be taken concurrently?

I am so frustrated- the HR person is only around in my building sometimes and I have no idea when and no way to contact...I'm getting to the point where I really can't do my job anymore but my due date is about 8 weeks away. I would like to try to work like 2 more weeks and after that my doctor wants me done- so potentially I could be out of FMLA before I even give birth!? And what about afterward? I have a good chance of having a c-section...what about recovery time for that?

Contact your Sup and center manager if he/she is not being responsive. Arrange a time to meet with the HR person and ask all your questions. I'm positive that they will help you. Happy Baby!!!!

 

[TechGrrl]

Hi, I need to know exactly what I need to do to set up time off for pregnancy (as a part time employee). I have been trying to figure out what I need to do all afternoon and am getting no where- I'm sure because they want you to screw up so they don't have to pay out.

How can you give 30 day notice for FMLA is you don't know when you will need it and who does that need to be submitted to?

Being part-time, do I only get 6 weeks FMLA? So if I am put on bed rest prior to my birth, then what? I just run out of time and lose my insurance?? Or potentially have to go back to work before the birth? What are your options if you medically need more time than that?

Does the short term disability and FMLA have to be taken concurrently?

I am so frustrated- the HR person is only around in my building sometimes and I have no idea when and no way to contact...I'm getting to the point where I really can't do my job anymore but my due date is about 8 weeks away. I would like to try to work like 2 more weeks and after that my doctor wants me done- so potentially I could be out of FMLA before I even give birth!? And what about afterward? I have a good chance of having a c-section...what about recovery time for that?

YOUR management boss should know exactly how to set this up, and which forms need to be filled out. You can't be the first woman in your operation that ever had a baby!
Be aware that they want you to take all but one week of your vacation to have the baby, then use FMLA. Since FMLA time is UNPAID, this probably is something you would do anyway.
Keep bugging your boss until he/she does their damn job...or at least gets HR to do theirs.

 

[JonFrum]

Fxdwg said: "No offense, new Mom, but get some good info and leads, but no one on BC can officially answer your question."

Why would you say that?

The informatition I quoted from the Teamster Contract, and the FMLA website are the official sources for information. These are where HR representatives get their information.

Read these three items from the FMLA website, for example, and tell us what you think is wrong with the information in them?

FMLA poster:
http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

FMLA application form:
http://www.dol.gov/whd/forms/WH-380-E.pdf

FMLA rules:
http://www.dol.gov/whd/fmla/finalrule/NonMilitaryFAQs.pdf

 

[fxdwg]

Fxdwg said: "No offense, new Mom, but get some good info and leads, but no one on BC can officially answer your question."

Why would you say that?

The informatition I quoted from the Teamster Contract, and the FMLA website are the official sources for information. These are where HR representatives get their information.

Read these three items from the FMLA website, for example, and tell us what you think is wrong with the information in them?

FMLA poster:
http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

FMLA application form:
http://www.dol.gov/whd/forms/WH-380-E.pdf

FMLA rules:
http://www.dol.gov/whd/fmla/finalrule/NonMilitaryFAQs.pdf

Something as important as this needs to go thru HR.
No offense to you, but you realize that whatever advice we give her will not be binding.
Just a caution

 

[Goober]

Oh I get that, but yesterday I had no luck getting a hold of ANYONE and I wanted to get a start. I haven't seen my HR person in the building for quite awhile (although I haven't stopped by during the day because I work a different job as well), my center manager wasn't around, couldn't get a hold of anyone at the Local (meetings), couldn't get through on AETNA disability phone # after 6 tries....

The thing is, I am having twins. That means I can't possibly work as long as I could with just one baby coming. I'm almost the size of 37 weeks, but I'm not even 29 weeks along yet. My doctor says about 2 more weeks and she wants me not working anymore (so when I am the size of full term with one). The due date ios a bit more up in the air with twins because they tend to come early.

So my problem basically is- if I only get 6 weeks of FMLA and have to use it at 30 weeks per my doctor, I could easily be out of FMLA time before they are born, or right when they are born. So I just wonder if I can use disability for whatever amount of time I am allowed (I have no idea and couldn't get through on the phone), then use FLMA for whatever extra time I need. I have 2 weeks of vacation remaining for the year- one is scheduled in early July and that's about when they are expected anyway and the other week is in September sometime. I just need to figure out how I can get the time off that I need both before and after they are born. With twins, I also have a higher likelihood of a c-section so that would be even more time to recover. I'm concerned about being dropped from insurance because it seems like it happens to EVERYONE. I really need to have the insurance continue, especially for their birth and the higher chance of two in NICU!

I just feel like I'm going to have to choose between working beyond what my doctor recommends (and thus increase my chances of pre-term birth and extended stay in NICU) or losing my insurance/running out of time off available. You don't get any extra time for having twins, but you need it.

 

[RoyalFlush]

All the information and forms needed for FMLA are posted on UPSers.com. Go to UPSers, type FMLA in the search box in the upper right corner of the page.

You can also call the benefits help line at 1-800-UPS-1508.

Normally an FLMA request has to be made in writing and the request has to be certified medically necessary by a physician.

The company is required to follow the law, but there are certain items that the employee must do also.

In your case, it seems that disability would cover you until the birth and birth recovery. FMLA would cover you for time missed to care for the new born child.

If you follow the process as posted on UPSers you shouldn't have any problems with FMLA, but call the benefits number to get guidance on which items are covered under disability and FMLA.

 

[JonFrum]

Goober, UPS must maintain your health coverage during your FMLA leave.

If pregnancy is considered a Short Term Disability, does your Contract Supplement say UPS must continue making hourly contributions into your health fund for up to four weeks of disability?