https://boards.hellobee.com/ Pregnancy, Baby and Parenting blog, by Hellobee en Tue, 28 Apr 2026 15:38:17 +0000 https://boards.hellobee.com/topic/ny-momslegal-bees-paid-family-leave-fmla-amp-eml#post-2864653 Thu, 03 Jan 2019 08:25:46 +0000 Becky 2864653@https://boards.hellobee.com/ <p>@gotkimchi: That’s what I’m afraid of. PFL is still so new in NY that there just isn’t a lot out there about it unfortunately. I’d probably be best off waiting until 2021 to have #3 so I’d at least get 12 weeks partially paid and job protected leave, and maybe go out 2-3 days before my due date. </p> https://boards.hellobee.com/topic/ny-momslegal-bees-paid-family-leave-fmla-amp-eml#post-2864650 Thu, 03 Jan 2019 08:11:11 +0000 gotkimchi 2864650@https://boards.hellobee.com/ <p>@Becky: in my state they can make you run everything concurrently, i talked to a lawyer to verify becuase I was annoyed </p> https://boards.hellobee.com/topic/ny-momslegal-bees-paid-family-leave-fmla-amp-eml#post-2864636 Thu, 03 Jan 2019 06:55:20 +0000 Becky 2864636@https://boards.hellobee.com/ <p>I won’t get fired if I take more time, but what I’m trying to figure out is if your employer can force you to take Extended Medical Leave and the NY Paid Family Leave and FMLA concurrently. I know they can make you run EML and FMLA concurrently and PFL and FMLA concurrently, but what’s not clear is if your employer can force you to run everything concurrently. Where I work my Executive Director won’t approve people just using sick/vacation/PTO to extend leave, and that’s within the employers right to figure out even though it’s not great for employer morale. Also within their right is forcing you to use all your PTO while on leave, meaning you won’t have any time left when you need to go to doctors appointments or the like after you return to work. I work for a non-profit governmental organization (state). </p> https://boards.hellobee.com/topic/ny-momslegal-bees-paid-family-leave-fmla-amp-eml#post-2864607 Wed, 02 Jan 2019 21:52:33 +0000 Littlebit7 2864607@https://boards.hellobee.com/ <p>We have short term disability and family leave insurance/bonding time in N.J. but I think it’s similar to ny. I didn’t even qualify for fmla with my first kidbut I got the N.J. family leave/bonding and short term disability; I was allowed to take 4 weeks pre birth due to my doc signing me out, 6 weeks post for a vaginal delivery and then 6 weeks of bonding time, all paid by the state. Note that it is 2 weeks more than FMLA covers but your employer can make you use two weeks of vacation. I think NY follows N.J. somewhat</p> <p>Will they fire you if you take more time? Is there a chance? Because your job wouldn’t be protected if you are out longer. If you think they won’t, try to negotiate a longer leave by using vacation. </p> https://boards.hellobee.com/topic/ny-momslegal-bees-paid-family-leave-fmla-amp-eml#post-2864606 Wed, 02 Jan 2019 21:49:57 +0000 Pollywog 2864606@https://boards.hellobee.com/ <p>Are you federal? Our FMLA doesn't have to run concurrently. So I planned to go on leave at 39 weeks (vacation), then I could take 6 weeks of sick and then all my vacation and then 240 hours of FMLA unpaid. We don't have parental leave, but delaying FMLA was a huge help for me </p> https://boards.hellobee.com/topic/ny-momslegal-bees-paid-family-leave-fmla-amp-eml#post-2864580 Wed, 02 Jan 2019 19:53:10 +0000 Foodnerd81 2864580@https://boards.hellobee.com/ <p>I did exactly what you describe- stop work two weeks before my due date, but I still got 12 weeks fmla after. It was company policy though (I think they mostly waned people to be able to wrap up what they were working on and not go into labor in the office). I had to use a week of vacation to kickstart fmla though, and I don’t think I was paid the entire 12 weeks after. It’s a blur, but I do remember fmla stared the day I gave birth. But I was in MA and I think it was a specific company policy. </p> https://boards.hellobee.com/topic/ny-momslegal-bees-paid-family-leave-fmla-amp-eml#post-2864573 Wed, 02 Jan 2019 19:29:02 +0000 PurplePumps 2864573@https://boards.hellobee.com/ <p>Not NY here, but as I understand it leave is leave... be it EML, STD, paid parental leave... it all falls under leave that runs concurrent with FMLA. FMLA just gives you 12 weeks off leave time and guarantees your job... so if you take EML, you're on leave status and the clock starts ticking. The only way to get more than 12 weeks off I believe is that you have to take vacation time before going out on leave or after "coming back" from leave so that your employee status is actual active during that time.</p> <p>Is your employer really that strict with requiring you to come back after 12 weeks? They aren't really going to fire you if you want to take 13, are they? </p> https://boards.hellobee.com/topic/ny-momslegal-bees-paid-family-leave-fmla-amp-eml#post-2864568 Wed, 02 Jan 2019 19:16:27 +0000 Becky 2864568@https://boards.hellobee.com/ <p>@pachamama: I think my employer would require I use FMLA if I were to take a mental health break unfortunately ☹️ </p> https://boards.hellobee.com/topic/ny-momslegal-bees-paid-family-leave-fmla-amp-eml#post-2864566 Wed, 02 Jan 2019 19:05:51 +0000 Becky 2864566@https://boards.hellobee.com/ <p>@LCTBQE: DD 1 was 5 days late, and I had about 7 working days off before that. DD 2 was on her due date and I went out 2 days prior so had 1 day off. I was thinking I’d have at least a week. Our head HR isn’t in our office so I could probably ask—I should probably bite the bullet. I’m honestly POed we don’t have PFL because it’s not hard to add onto our disability. </p> https://boards.hellobee.com/topic/ny-momslegal-bees-paid-family-leave-fmla-amp-eml#post-2864563 Wed, 02 Jan 2019 18:55:08 +0000 LCTBQE 2864563@https://boards.hellobee.com/ <p>I just gave birth in New York and I *think* the answer is no, but not totally positive. Is it too scary to just ask HR directly? The other thing is even if you planned for that, the baby could easily be early and nullify everything ☺️ (dunno if both your other kids were born at 42w or something of course). </p> https://boards.hellobee.com/topic/ny-momslegal-bees-paid-family-leave-fmla-amp-eml#post-2864548 Wed, 02 Jan 2019 17:45:42 +0000 pachamama 2864548@https://boards.hellobee.com/ <p>@Becky: hmmm my situation is a little unique because I had a doctor's note and I'm a teacher (and therefore have a union) but what I did is take mental health leave for a while before giving birth (38 weeks now so still using my sick days ). It didn't affect my FMLA at all- that will start on the day I give birth. </p> https://boards.hellobee.com/topic/ny-momslegal-bees-paid-family-leave-fmla-amp-eml#post-2864517 Wed, 02 Jan 2019 16:27:45 +0000 Becky 2864517@https://boards.hellobee.com/ <p>We're considering baby #3 over the next 1.5-3 years. Long question short: Is there a way to go out on leave before your due date (say a week) and then still get 12 weeks after the baby is born? </p> <p>We don't have PFL yet (gov't organization) but I'm moderately optimistic we will by then. We have Extended Medical Leave instead of Short Term Disability. Current EML policy is that EML and FMLA must run concurrently. EML pays part of your salary until your doctor releases you (so 6 weeks post-partum for vaginal delivery), and you must supplement that partial pay with your vacation and sick time. You must exhaust your vacation and sick time during any leave you take past that 6 weeks too. My coworkers who have gone out on leave since I've been here have only been allowed to take 12 weeks total (to equal what is job protected by FMLA). One went into labor at work, the other went into labor before her due date, so both were able to take 12 weeks postpartum.</p> <p>I'm wondering if you can use EML (say 3 weeks: 1 week before baby is born, 2 after baby is born, also running FMLA concurrently), and then follow it with 10 weeks PFL. This would total 13 weeks of leave, which pushes you one over what's protected by FMLA. (I know PFL increases to 12 weeks in 2021). </p>