Filing right after baby is born, but on FMLA pay.

[optimistic1]

How do you think this would play out?

I file in August, or early September, right after my baby is born, and my household size increases. But I will be on leave with my wife to care for the newborn. If we file the petition, and they ask for payroll stubs, and all I have shows that I do get my 80 hours per 2 weeks, but it is FMLA medical leave. Will the Trustee cry foul? I could return to work whenever I feel like it, if he has a problem with it.

I dont want to have to wait until October, because thats when the new means test median income numbers come out. But I dont want to go to work and leave my wife all by herself to care for the baby either. I just want to stay on my FMLA paid leave for 6-10 weeks.

Im just curious how this will play out?

[pcn]

How do you get FMLA paid leave? Are you using the leave, and also cashing in vacation time? FMLA doesnt require your employer to pay you, only to protect your job while you are on leave.

[filingin08]

If you're taking paid leave, then your pay should remain the same while you are off. No different from taking a vacation or sick day.

[optimistic1]

Its paid leave, when you run out of the sick and vacation, the HR dept takes donations to fulfill the time that you are short. The donation process always works, because I work for a county, there are thousands of employees who have built up thousands of hours of leave, and they always donate. I plan on being on leave for 6 weeks. I dont see how the trustee could find out anything about this, only if he looked at the payroll stub with a fine tooth comb.

[EricaCallaha]

I would think that as long as you are being paid, there shouldn't be a problem.

Good luck and congrats on the babe.

[relief13035]

That's a pretty good deal that co-workers can donate time. FMLA isn't paid leave so that is a very creative way to help each other.

[pcn]

yep, wish we would have had something like that when we had ours, I could have helped a lot more.