Leave for Birth/Sick Leave

HRPager · March 2004

Our company has sick leave that can be accrued up to 480 hours. This time is to be used during FMLA for serious illnesses of the employee up to the 12 weeks we allowed to be accrued. Our company also has an unwritten policy that if someone has a baby, they can only use 6 weeks of their sick leave and have to use vacation or unpaid leave for the other 6 weeks, even if they have more than 6 weeks of sick leave accrued. The reasoning they gave me for this is that a mother is no longer "sick" after 6 weeks and usually has a doctor's note stating they can go back to work. They also said that the employer can determine what time (paid/unpaid) is used during FMLA. I'm uncomfortable with this because we are treating pregnancy different that other illnesses/FMLA. Am I right to be concerned or because a doctor releases them can we stop their sick leave and make them use vacation while they are still on FMLA?

stilldazed · March 2004

I think you're right to be concerned. If the difference in the way situations are handled is based on the fact that the "woman" is "pregnant," your policies should be ammended to eliminate the "discrimination."

Pricehcs · March 2004

I would consider formalizing a maternity leave policy to cover the breakdown of eligible sick leave time versus the use of other paid/unpaid banks of time. Further, you need to describe the process and available options when an ee is not given medical clearance after six weeks. Ultimately, once an employee is cleared to return to work, it is up to you as to how you apply their time off against their available leave banks. Consistency is key.

#1 thing a consultant shouldn't say: "I could tell you the answer right now, but we're committed to a three month project..." #-o

Don D · March 2004

[font size="1" color="#FF0000"]LAST EDITED ON 03-24-04 AT 10:27AM (CST)[/font][br][br]I advocate that there should be no such thing as a maternity leave policy, unless of course it makes available the same benefits and perks for both the father and the mother, and still, the use of maternity is discriminatory. These policies went away in the 70s, or should have.

The prior post is right about one thing; "Consistency is the key", and you cannot be consistent when you treat men with temporary disabilities different from women with temporary disabilities.

Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

psrcello · March 2004

On the nose, Don D! No such thing as "maternity leave" since 1978.

My take on the original question - FMLA doesn't just apply to disability, but also to the "bonding" time for both mothers and fathers after the birth or adoption of a baby. Once the mother is no longer disabled due to the birth, then the other side of FMLA kicks in and disability benefits go away.

The only problem I can see would be the arbitrary six week time frame - some mothers are no longer disabled by four or five weeks after delivery, and in cases with complications, it may take eight or ten weeks to recover. I'd go by whatever the doctor says regarding the length of the disability, then any time beyond that would be vacation, personal leave, or whatever but still under FMLA.

Itemeyes · May 2004

Pregnancy is a disability...so an employee is entitled to disability benefits for as long as her doctor deems necessary, either before or after delivery. FMLA is a seperate entity. FMLA is care for the newborn. Anyone out there disagrees, please post. I would love to know.

Don D · May 2004

[font size="1" color="#FF0000"]LAST EDITED ON 05-05-04 AT 01:35PM (CST)[/font][br][br]Whether an employee is 'entitled to disability benefits' is entirely up to the individual policy and the determination based on the paperwork submitted for review. FMLA is not limited to 'care for the newborn'. Surely you did not intend to imply that. FMLA kicks in on the very first hour of absence necessitated by or connected with the pregnancy, so it's not limited to care for the newborn. In fact, in a tragic case, there may never even be a newborn, but FMLA might still have been invoked. As with any other tandem situation, FMLA can and should run concurrently with disability due to pregnancy to prevent stacking.

Leave for Birth/Sick Leave

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