Paid family leave/disability insurance

amother

Wed, Feb 10 2021, 3:10 pm

I had a baby last week. I never used disability insurance in the past since my company always paid me regular when I was out for maternity leave. I have to discuss with my company, but I'm assuming I'm getting paid regular for my time out now. If that's the case, does anyone know if I can still use my disability insurance (I have my own plan) and paid family leave?
How do these things work?

amother

Tangerine

Wed, Feb 10 2021, 3:20 pm

Obviously it depends on what your disability policy covers but in my experience disability makes up for lost income so if you have no lost income, you have nothing to make up. The intent is to make you whole - also typically disability doesn't pay 100% of income but 65% is pretty standard. The rationale is that if you aren't physically working, then you don't have as many expenses.

Why would you get paid family leave - you are already getting paid family leave if your company is paying you for the time you aren't working.

If there is additional time you aren't being paid for that would be different and you would check your policy in terms of coverage.

amother

Dodgerblue

Wed, Feb 10 2021, 3:23 pm

I had a supplemental
Disability policy that paid me outright for 8 weeks (I had a c/s) of wages. But I paid for this policy.

I find the disability/FMLA/PFL very tricky

SYA

Wed, Feb 10 2021, 4:38 pm

If you won’t be paid and are in NY:
You can take disability for the first 6 weeks. The first week is called a waiting period so you only get paid for 5 weeks.

After disability you can take family leave for up to 10 weeks until the baby has turned 1. It does not have to be consecutive.

The rates are different for each.

Once you take paid family leave you cannot take disability, so make sure to take the disability first.

* some insurance companies don’t tell you about both. They’ll just give you the paid family leave forms and not the disability.

amother

Aquamarine

Wed, Feb 10 2021, 8:07 pm

If you’re getting paid I don’t think you can get either disability or Family Leave. Family leave for 2021 in NY is 12 weeks at 67% of your pay (there is a weekly cap). My company gave me 6 paid weeks and I took another 6 of family leave after that. This was in 2019 so I only got 55% of my pay but it was worth it!
Also, not all companies are required by law to provide Family Leave. I think it depends on the size of the company. You do have to fill out forms either before you take the time off or within 30 days (I think) of taking it.

amother

Taupe

Wed, Feb 10 2021, 8:36 pm

Are you in nj
If getting paid cannot get disability.
Can still take family leave where employee allows you take 6 weeks off intermittenrvdiring the year and you get 60-% of salary (to a maximum). Your employer cannot pay you during this time. I also don’t think your employer has to keep your job unless it’s within12weeks of birth.

amother

Wed, Feb 10 2021, 9:22 pm

I am in ny. My company has PFL...I have my own disability plan. I work for family and they usually pay mw straight thru. My last child was before PFL was a thing so didnt know how it works. I guess I cant take anyyhing.

amother

Dodgerblue

Wed, Feb 10 2021, 9:24 pm

amother [ OP ] wrote:

NY has paid family leave (as above) why can’t you use that?

amother

Aquamarine

Thu, Feb 11 2021, 11:24 am

Op, you can use your NY Family Leave after your company’s paid leave ends. You have up to a year to use it and it does not have to be taken consecutively.

amother

Mint

Thu, Mar 18 2021, 8:20 am

I also had a baby and want to know. If I cannot go back to work can I get unemployment as well as paid family leave?

amother

Thu, Mar 18 2021, 8:24 am

amother [ Mint ] wrote:

I also had a baby and want to know. If I cannot go back to work can I get unemployment as well as paid family leave?

In the end, I asked my company if I don't want to take maternity leave what to do. they told me to get a note from my doctor that I'm able to go back to work. My doctor gave me a letter from a week after my baby was born so they are giving me pay from them.

amother

Apricot

Thu, Mar 18 2021, 11:23 am

amother [ Mint ] wrote:

I also had a baby and want to know. If I cannot go back to work can I get unemployment as well as paid family leave?

Unemployment is if you are laid off your job. Not if you choose not to work.

When you are rceieivng unemployment you need to be able to prove that you are actively looking for a new job.

It sounds like paid leave fits your situation and not unemployment.

ra_mom

Thu, Mar 18 2021, 11:44 am

If you're not getting paid, you can take paid family leave, which pays a portion of your paycheck. And then your private disability insurance will fill in the rest.

amother

Navy

Thu, Mar 18 2021, 11:58 am

For NY you can:
- Take 6 weeks for regular birth or 8 weeks of disability for c section
-Take 10 weeks of PFL
-Take 12 weeks of FMLA

Disability has to be first, PFL and FMLA are at the same time so you can take for example, 8 weeks of disability, then 10 weeks of PFL and 2 weeks of FMLA.

amother

Taupe

Thu, Mar 18 2021, 12:02 pm

amother [ Navy ] wrote:

Isn’t disability also over lap with FMLA. Your employer only had to keep your job for 12 weeks. If you take off 18 weeks that is beyond the 12 weeks. Most employers are done with it tho.

There are minimum company size for fmla. And you have to have worked minimum number of hours.

amother

Navy

Thu, Mar 18 2021, 12:04 pm

amother [ Taupe ] wrote:

No, disability doesn't overlap, only PFL and FMLA overlap.

amother

Navy

Thu, Mar 18 2021, 12:06 pm

amother [ Taupe ] wrote:

Yes, it depends on company size.

amother

Powderblue

Thu, Mar 18 2021, 1:26 pm

It probably makes a difference if it's a state plan or private plan. You said you have a private disability plan, then it will depend on the terms of your individual policy which you will have to call and ask the company. State plans ask if you are getting any other forms of income and determine eligibility based on that.