Family Medical Leave Act (FMLA) and Short Term Disability (STD) For Staff Maternity/Paternity Leave

Please click on a subject below for information: 

 

Family Medical Leave Act (FMLA) 

FMLA Eligibility

Family Medical Leave is available to regular full-time and regular part-time staff members who have worked for the University for at least 12 months and have been employed for at least 1,250 hours of service during the 12-month period.

FMLA Coverage

FMLA provides for up to 60 work days of job protection for the Birth, adoption, or care of a newborn child of the staff member or placement of a foster child with a staff member.  Generally, for maternity leave, the new mother is allotted 6 weeks of medical leave related to the birth of the child for a regular delivery, or 8 weeks for a C-Section, then an additional 6 weeks of child bonding time for a regular delivery or 4 weeks for a C-Section for a total of 12 weeks.  The Insurance Carrier, MetLife, will determine your eligibility and approval of FMLA. 

Restrictions

If a husband and wife are both eligible for FMLA leave and are both employed by the University, they are limited to a combined total of 12 weeks of leave during any 12 month period if the leave is taken for the birth of the employee’s child or to care for the child after birth; or the placement of a child with the employee for adoption or foster care, or to care for the child after placement. 

The child bonding portion of the leave cannot be taken intermittently, it must be taken continuously. 

Use of Paid Time Off During the Leave

While on FMLA, you are required to use all of your sick time, up to 60 days.  You may also choose to use vacation and personal time to cover the leave.  While on FMLA, regardless of whether it is paid or unpaid, you do not accrue sick/vacation time.  If you do not have paid time off to cover the leave, the leave may be unpaid.  While using sick/vacation/personal time to cover the leave, a timecard must be completed.  Timecards are not required while on an unpaid leave, or while receiving Short Term Disability payments.

Short-term Disability (STD)

STD Eligibility

Short Term Disability is available to regular full-time and regular part time staff employees working at least 50% effort, who have completed 6 months of employment. 

STD Coverage

After completing a 30 calendar day elimination period (including weekends), you may be eligible for income replacement of 60% of your pay for 2 weeks for a regular delivery or 4 weeks for a C-Section.  Keep in mind that sick time must first be exhausted, so if you have sick time to cover the first 6-8 weeks you are out on leave, you will not be eligible for Short Term Disability payments.  STD only covers the medical portion of the maternity leave, and will not be approved during the child bonding portion of the leave.  STD is not applicable for Paternity leaves. 

Use of Paid Time Off During the Leave

While on STD, you are required to use all of your sick time.  If your normal work schedule is Monday – Friday, you do not need to use sick days on weekends during the leave.  You may also choose to use vacation and personal time to cover the leave.  While on STD, you do not accrue sick/vacation time.  If you do not have paid time off to cover the leave, you may be eligible for 60% of your pay for the dates the insurance carrier approves you for, which is typically for 2-4 weeks after you have completed your 30 day elimination period.  While using sick/vacation/personal time to cover the leave, a timecard must be completed.  Timecards are not required while on an unpaid leave, or while receiving Short Term Disability payments.

FMLA and STD Working Together

FMLA and STD Run Concurrently

 FMLA provides protection for you position, while STD may provide income replacement.  The date of delivery, unless there are complications prior to the baby being born, is the date of disability.  Typically this will be the first day that FMLA and STD start.   For FMLA, this is the start of your 60 days.  For STD, this is the start of your 30 day elimination period. 

Examples of How Your Pay Will Be Processed

The following are examples of how your pay will be processed for Maternity leave:

  • Example of pay if you have enough paid time off to cover the full 12 weeks.

                You will receive 100% of your salary for the entire 60 work days of FMLA/STD. 

  • Example of pay if you have enough paid time off to cover the 30 day elimination period only.

You will receive 100% of your salary for the first 4 weeks of the leave (STD elimination period).  You will then receive 60% of your pay (STD) for 2 weeks if you have a regular delivery, or 4 weeks for a C-Section.  You will then be unpaid for the remainder of your leave. 

  • Example of pay if you do not have any paid time off to cover the leave. 

You will be unpaid for the first 4 weeks of the leave (STD elimination period.  You will then receive 60% of your pay (STD) for 2 weeks if you have a regular delivery, or 4 weeks for a C-Section.  You will then be unpaid for the remainder of your leave. 

Note:  Please be aware that every FMLA/STD situation is different based on your time off balances, your decision of which time off you would like to use, if any,  beyond exhausting your sick time, the type of delivery, your work schedule, and how much time you intend to take off.  To review how your pay would work based on your unique situation, please contact the Benefits Department at 412-624-8160.

Checklist for Staff Employees going out on FMLA/STD

This checklist will go through the details of what you need to do to apply for Maternity/Paternity leave, steps you need to take while on leave, as well as the steps you need to take upon returning to work.  This checklist can be found at www.hr.pitt.edu/worklife/caring-fam/medical-le -Under Medical Leave Checklist for Employees.