Hellobee Boards

I'm not sure I understand your question. My husband has had to take FMLA. He had enough PTO, but if he didn't and had to go unpaid, he was still on FMLA so he couldn't get fired and his job would have been safe.

Paid time off is totally separate from FMLA. Thats why you can first take 2weeks PTO and them start your FMLA right after. PTO is something you have earned from the company and FMLA is governtment subsized and enforced so they are completely separate.
But if your company doesnt meet the size requirements they arent obligated to provide FMLA and can choose to do it or not, and thus choose how they want to do it.

@artbee: If we don't have enough PTO then we can start taking unpaid leave once we run out of PTO. For instance, I have enough sick/vacation time to cover 7-9 weeks of my leave, depending on whether I deliver before or after July 1. So at the point where I run out of PTO, I can still take the remaining time up to 12 weeks off work, but I won't get paid and will have to reimburse for my benefits during that time.

@mediagirl: I'm not an HR person but I feel like you can't do that. You only get FMLA for a certain amount of time, and it's whatever your doctor tells them. They'll give you a note that says the day you stop working and the day you can go back to work.

@artbee: I don't think that's right - FMLA is not related to your medical condition at all. It's federally mandated 12 weeks of unpaid leave during which your job is protected to bond with a child after birth or adoption (or to care for a sick family member). So for example, if you adopted, you wouldn't have any medical reason to take off, since you are not recovering from birth, but provided you are eligible for FMLA otherwise (at the job 1 year, more than 50 employees) you could still take that time off and have your job protected. Are you thinking of short term disability leave? That is much more regulated by your doctor, and if you have it pays some or all of your salary while you are recovering from birth.

@artbee: I forgot that part - it can also be used when you are recovering from sickness/injury yourself. But I think the same thing would apply there - the FMLA wasn't what was paying him, although his company might have required he provide proof he needed to take the leave so maybe that's where the dr. note came in? Hope your DH is doing well now!

@mediagirl: I think the take-away point is that so much of this is dictated by the individual employer (I had no idea of all the details until I talked to my HR dept.) that you really do need to talk to your HR as soon as possible!

Yeah, we can’t take one, then the other – must use concurrently. So, for example, I’m taking the 12 weeks under FMLA which protects my job. 6 weeks I will be paid at 100% of my pay through short term disability, then I have 4 weeks of accrued PTO – leaving me 2 weeks under FMLA of unpaid leave.

If your company isn’t really legally required to provide FMLA due to its size – I would really try to get something in writing from them/HR regarding your time off. But I’m a stickler for having everything in writing!! (Which is part of my job!).

@regberadaisy: Yes, I’m so glad to have 6 weeks @ 100% pay through STD!! Thanks for the tip – I’ve got to call MetLife to fill out the paperwork in advance and let them know my due date. That is supposed to make the process smoother and kick in right away…but we’ll see!

Agree with what others say - it's different for every employer.

For mine, I get 12 weeks FMLA, but I have to use my PTO (which includes vacation and sick time) to cover it, and once I run out of PTO, then I go unpaid for the remainder of the FMLA. You don't have the option to just do 12 weeks unpaid FMLA and still retain your PTO.

In CA, you get Paid Maternity Leave for 12 weeks at 55% pay. I'm definitely planning on taking them up on this!