Should I accept maternity leave benefits for company not covered by FMLA?

Question Details:

My company that I work for is not covered under FMLA. They offer STD Benefits but this is what it states: "In the event you are released by your physician and fail to complete a 6 month period of work upon your return, you will be required to pay back the pay continuation benefits you received while you were on disability leave." Normally I would be ok with this. But, my company has recently relocated and I am driving 1 hour and 20 minutes to work (one way). After the birth of my 2nd child I am not sure if this will be possible. I am willing to try but I am nervous to take the benefits.

Asked 11/20/2009 under Employment and Labor | 312 View(s) | More Legal Topics

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Employment and Labor Law Answers

This is not really a legal question--it's a matter of dollars and cents and also your personal risk tolerance.

One way to look at it: if you don't take the benefits, you will not receive any money.

If you do take them and can work for at least 6 months, you are ahead by that amount.

If you take them and can't complete the 6 months and need to repay, IF you budgetted correctly (did not draw on that money, but just kept in your bank account until you saw whether you'd be able to keep it for good), you are no worse off than if you never took the benefits.

The only way it appears you could get into trouble would be if you took the money, spent it, then had to repay it. If you are in financial position, and have the self discipline, to not do this, it would seem to make sense to take the benefits, since worst case, you will end up in the same position as if you didn't take them--and there's a chance you'll be able to keep them.

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