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@Anagram: I would send a follow-up email to her reiterating what was discussed during the phone call. Add the time she called and any other things, because I have a feeling you will need to have this information in writing in some form.
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@avivoca: good idea!
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@Anagram: Good for you for challenging your HR. It's women like you who pave the way for others to be sure that they receive the benefits they're entitled to.
I would be sure to site all of the laws that you did to HR to begin with, and then also let them know that should this be denied, you would be happy to take this back to the NJ attorney general of civil rights to file an official grievance. I would also reference your conversation with HR since she was very clear not to put that in writing.
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@Anagram: Has anything else happened on this?
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There's a similar law in Washington state, and it works just like you want it to. I took 6-8 weeks for disability (it was 8 weeks because I had a cesarean), then 12 weeks for taking care of my newborn.
Good for you for insisting on your rights. I was lucky in that my company didn't argue about my leave at all. Of course I think it helped that my son was born at the beginning of our slow season - I think they were happy they weren't having to pay me during the winter.
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@jetsa: nope, I think it's worked out and I get to take that time.... But it won't be official until I submit my leave paperwork which I won't do till April probably.
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Just wanted to bump this to say...surprise! I am still having issues. I'm on mat leave now, and I just received a letter from them saying my return-to-work date was moved up 2 weeks because I am only supposed to get 4 weeks' disability.
I have been around and around with them...and by law, the doctor determines a disability period and my doctor gave me 6 weeks--(which is totally standard for a vaginal birth, right???). SO I am fighting the fight...again. Sent a response back saying they were counting my leave period wrong again.
When I sent my ORIGINAL letter with my maternity leave intentions 6 months ago, we had this whole discussion. I estimated 6 weeks disability + 12 weeks child rearing leave (allowed by NJ law) and back then they also tried to tell my it was only 4 weeks disability.
And here we are again.
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And of course, this directly affects me because I'm allowed to use sick days after my disability insurance runs out, but before child rearing leave starts (which is unpaid). My insurance pays only 4 weeks so I should be able to use 10 days sick leave to pay for the 2 remaining weeks of disability. But they are saying I can't get paid using those sick days because I only get 4 weeks of disability. UGH.
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I'm in CA and in my district the 6wks disability and 12 weeks FMLA run concurrently. We do however HAVE to use my sick days even if we have private short term disability insurance. And then after we have depleted out sick days, then we have to pay out own healthcare because they don't have anything to deduct from since we don't have a paycheck. It was very annoying and will be again soon.
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@iluvboba637: they make me pay double insurance payments when I return, until the months I took off are repaid. Makes sense, but still sucks.
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