u/Desperate-Benefit-99

▲ 1 r/legal

I am working two jobs and one I just started is a long term contract. The other is a W2 and I get paid parental leave for 6 months. State is Tennessee.

Here is the setup:

  1. W2
    • 3RD Party Handles administrates leave
    • FMLA (unpaid in my state)
    • State Protected Leave (unpaid)
    • Company says since state doesnt provide leave Paid by Leave of Absense Supplemental Hours
  2. Contract
    • Don't plan on telling them until 30 days out
    • Starting before paid leave
    • Just plan on taking abrupt unpaid time off since I'm a contractor and not billing

Questions:

  1. Will the contract agency try to file FMLA or STD for the unpaid portion of the contract? I would deny it if they try to say "I feel bad, etc. etc"
  2. Is this doable since W2 job and my state has no payout despite a leave and there is no federal payout
  3. I've reached out to a few attorneys not sure if we can ask for reccomendations
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u/Desperate-Benefit-99 — 9 days ago

Have 2 JS.

  1. W2

    • 3RD Party Handles Leave
    • FMLA (unpaid in my state)
    • State Protected Leave (unpaid)
    • Company says since "state doesnt provide leave Paid by LOA Supplemental Hours"
  2. Contract

    • Don't plan on telling them until 30 days out
    • Starting before paid leave
    • Just plan on taking abrupt unpaid time off since I'm a contractor and not billing

Questions:

  1. Will agency try to file FMLA or STD for the unpaid portion of the contract? I would deny it if they try to say "I feel bad, etc. etc"
  2. Is this doable since W2 job and my state has no federal payout
  3. Anyone recommending attorneys?
reddit.com
u/Desperate-Benefit-99 — 9 days ago

Hey all,

Was OE a few years back but took a break. Jumping back in and about to start a J2. My partner and I are expecting in 6 months.

I have questions related and have thoroughly searched the docs but can't find something specific to my case. My companies policy has us sign an affadavit but there is no mention of moonlighting or working another job, it just states that we confirm we are the primary caregiver.

Now here is the tricky part. We are setup with AFLAC and it states that it looks like in the AFLAC app it runs ontop of FMLA. I have one child already and can't remember the details. However I just received an email from HR that states that:

"Since your state doesn't do Staid Paid Family Leave benefits you will be paid by company out of LOA supplemental hours at your full salary rate during your approved leave."

I am not in California or New York.

My questions are:

  1. Should I be concerned about working while on leave
  2. Has anyone tried to confirm with AFLAC the details of their policy when they are administering the leave?
  3. Does anyone have any employment attorney reqs?

Thank you all.

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u/Desperate-Benefit-99 — 10 days ago