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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117368
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have an employee who is going out on maternity leave in a

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I have an employee who is going out on maternity leave in a few weeks. She asked if she could still work at home while collecting disability payments. I can't seem to find a straight answer on this on the NJ Dept. of Labor website. Would she be able to do this and not lose her disability benefits? Also what percentage of the FMLA/disability is the company responsible for?
If you are paying her salary/pay for working at home and she collects disability as well, this is illegal and fraud. She would have to report being paid to disability and if it is less than her normal amount, then the disability pay would be decreased by that amount and if it is the same as her normal amount she would not collect the disability. She cannot collect both. Under FMLA (which only applies if you have 50+ employees), leave does not need to be paid at all, this is at the discretion of the employer. Disability would be based upon any insurance policy she has or the employer provides to the employees.

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Customer: replied 8 years ago.
We have more than 50 employees. So what is the percentage that the company would be responsible for?
The company is liable for no percentage unless the disability insurance contract you have states you are. If the employee has sick days or vacation days, then under the FMLA the employer can force the employee to use those days before taking unpaid leave. The employer is not obligated to pay for any leave during FMLA absence.
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