The Family and Medical Leave Act is a federal law which became effective on Aug. 5, 1993. It provides both mothers and fathers the right to stay home with their new child for 12 weeks without the risk of loosing their job or health and dental benefits.

"(a) A husband and wife who are eligible for FMLA leave and are 
employed by the same covered employer may be limited to a combined total 
of 12 weeks of leave during any 12-month period ..."

Learn more about the Family and Medical Leave Act on the AFSCME website. AFSCME also has a FMLA Guidebook.  The U.S. Department of Labor (DOL) has issued detailed regulations interpreting the FMLA.  You can learn more on the Department of Labor's website. Here is a poster of quick facts from the Dept of Labor.

Please discuss your individual situation with Mike Sung in Human Resources.

In a perfect world, you would be on your husband's health and dental benefits, so that there would be no change while you are on maternity leave.

If you are not, then there are several options.

1) You will most likely want to take advance of FMLA, as during the 12 week FMLA period, the City will continue to pay their portion of your health and dental, which will be hundreds of dollars of savings to you.  However, you will still need to make your portion of the premiums of health and dental.   If you will be on unpaid leave see the section below.

2) If you have LTD insurance and lots of sick leave, you may not want to take FMLA, as the City will require you to burn your sick leave, which also reduces your LTD benefit.  Some have found that paying the full price of health and dental care, while saving their sick leave, is actually beneficial.

It is our understanding that Health and Dental in-lieu payments will continue if you are on paid leave.  However, if you are on unpaid leave this payment will be discontinued.

As stated in the MEF MOA, "Accrued sick leave may be utilized if the employee is required to be absent from work on account of non-job related illness or injury; routine medical or dental appointments; or for the care related to the illness or injury of the employee’s child ..."

This means that you will be able to take sick leave for doctors appointments and for days that you are not feeling well before the birth of your child.  After the birth of your child, you will usually be considered "sick / disabled" for 6 weeks (8 weeks for a C-section).  After this 6 to 8 week period, you are normally considered healthy and no longer able to use sick leave.

If your baby is sick, you will be able to take additional sick leave.  However, the City will likely require a doctor's note, unless your baby's sickness is obvious, such a baby in the ICU, feeding tube, etc.

This is important for mothers that have been with the City for several years and have a large amount of sick leave accumulated.  These mothers need to understand that they may not be able to use all of there sick time during their maternity leave.  The good side is your baby will get a normal cold now and then and you will have sick leave to use during these times.  Again, this is something the Team will work on improving.

LTD is disability insurance, and therefore you will need a doctors note to verify your disability.  During a normal pregnancy your doctor will usually consider you disabled 28 to 30 days prior to your due date, and for 6 weeks after birth (8 weeks for a C-section).  If you have complications before or after birth, you may be eligible for additional disability benefits. 

The Standard, the City's disability insurance company, currently offers two long-term disability insurance options.  One has a 30-day waiting period, while the less expensive version has a 60-day waiting period, before long-term disability insurance benefits start.  The 60-day option is not recommended for women who are looking to use disability insurance while on maternity leave, because you will only receive 2 weeks of benefit for a normal pregnancy.

Waiting Period

During the waiting period before the insurance benefits can start you have several options. The most frequently used options include:

     1) Use sick leave to be off work for the 28 to 30 days prior to your due date

     2) Continue to work 79% (31 hours a week for a full time employee) and take sick leave for the rest of the week. 

Both of these options, and many options in between, will count towards the long term disability waiting period. 

In order to receive Long Term Disability benefits, you must submit an LTD claim application within 90 days of the date you become totally disabled. Contact Human Resources (City Hall Wing, 2nd Floor) for an application packet. The packet includes application instructions, forms, and a Certificate of Insurance.

Please contact Danielle Rainville at 1-800-368-1135 ext. 6335 at The Standard for further details.

While you are on any kind of unpaid leave (other than approved Family and Medical Leave under the Family Medical Leave Act of 1993) you must pay for the City's contributions to your health and dental premiums, as well as making your own usual contributions (i.e. you will need to pay 100% of the premiums).

While you are on any unpaid leave, including unpaid leave under the Family and Medical Leave Act of 1993, you must pay your own and the City's contributions for any other insurance coverage, such as life insurance or long term disability to continue your coverage. You must pay all of the necessary premiums during any unpaid leave to keep your insurance coverage in effect. The City does not automatically make its contribution to your insurance programs while you are on unpaid leave. If you do not make these payments, your coverage will lapse. 

Contact Employee Benefits in the Employee Services Department (City Hall Wing, 2nd Floor, 535-1285) for more information regarding benefits continuation while on unpaid leave.

Departments differ in the amount of leave they are able and/or willing to give new mothers and fathers.  Planning, Building and Code Enforcement, Housing and ESD will normally give mothers 6 months and fathers 3 months.

Details about leave of absence can be found in the MEF MOA and in the City 's Leave of Absence policy.

For breast feeding mothers - know your rights - click here. 

If you work in the New City Hall tower, there are currently "privacy rooms" on all of the even number floors.  If you are having trouble assessing these rooms, please contact your Department Admin Staff.  There is also a Mother's Room located on the second floor.  A calendar is on the door so mother's can reserve a specific time.  Please be courteous and share with other mothers, but feel free to kick anyone out of the room if you reserved it for that time slot.  Contact Sanhita Mallick for details.