FML & STD

ted

An employee is out for birth of child. Can STD and FML run concurrently. If the employee says they do not want FML, then leave can be approved and only use STD? (If the employee agrees) or does this event signal that it has to be FML also.

Irie

Here's how we do it. An employee out for the birth of a child would be entitled to 12 weeks of FML and according to our policy must be used all at one time.

The period for which the physician deems the employee as unable to work would be covered by STD. FML would run concurrently.

After the disability period is finished the employee would be entitled to the remainder of the 12 weeks of FML and would have to use PTO. The FML and PTO would run concurrently.

marc

Yes, they can run concurrently, and we do so at our shop.

By the way, the employee does not get to elect FML, that is the ER's call. In my opinion, you should always start the FML clock whenever you can.

njjel

Your FMLA leave policy should state that STD and any state leaves run concurrently with FMLA. For instance, we have a union clause that give the employee one week of paid leave for the birth of a child. We state in the contract that this runs concurrently with FMLA leave (which may be paid or unpaid).

Dutch2

I agree with Marc, why would you not want to run them concurrently? Same here, we do not give the ee the option, we run them together. If they are off for a few weeks due to child birth, and you do not count this as FMLA, the ee will still have the full FMLA time to use later in the year.