FMLA/Temporary Disability Insurance

aspen29

It's a great forum and in the past I received good feed back from you all. Now, I have a new situation in FMLA/TDI.

Our company based in NJ and operates with one union contract. Two weeks ago, two employees went on maternity leave and filed for TDI. Meanwhile, I have sent FMLA offer lettera along with Medical Certificates to be completed by their health care providers. The ees are not willing to be under FMLA, instead ees want use first 10 weeks (4+6)and if necessary go on FMLA.

- If the ee refuse to submit the Medical Certiificate?
- The time off under TD is considered FMLA or not?

I am looking to obtain your opinion for the above questions.

Thank you.

Hatchetman

Under federal FMLA, if the employee qualifies for leave under FMLA, the employer may designate it as such even if the employee does not want to claim FMLA (thus the employer can toll the 12 weeks, assuming the qualifying conditions are met). Further the employer can also utilize accrued time benefits or other paid leave benefits that would be applicable as part of FMLA leave, rather than making it unpaid.

While I am not familiar with NJ TDI, I assume in order to receive it, an employee must provide verfication of a disability (in this case due to pregnancy). Thus, how could the employee receive TDI if the employee did not submit the verification of pregnancy? And if the verfication of preggnancy is submitted, showing that the employee is unable to work due to the pregnancy, then why wouldn't you be able to to use that also as the verificaiton for FMLA (again assuming all the other requirements for leave under FMLA are met)?

Carey

We have a voluntary disability plan and whenever an employee files a claim for disability, if it's approved (and sometimes even if it's not) by our disability management company, the leave is automatically designated as FMLA and they are sent the appropriate paperwork. The employee is not given a choice. We never see a doctor's certification unless the FMLA is requested to care for a seriously ill family member or intermittent leave not qualifying for disability leave.

LindaS

Agree with Hatchetman...

It is the employER's responsibility to designate FMLA, not the employee's choice. Furthermore, in order to obtain TDI benefits I'm assuming they would need to provide some type of medical certification verifying their disability so I would use that certification in place of the WH-380 if the employee refuses to complete your form.

Whatever

Remember, NJ also also it's own medical leave law.

njjel

Yes, NJ has it's own medical leave. However it is NOT for the employee's own illness but for others - i.e. - child, parent, spouse.