New Child Series (3 of 7): Legal Concerns- Parental Leave & Government Programs

My first few posts are going to be focused on some legal tips for the “planning” phase. That is the pre-baby to-do-list.

Parental Leave & Government Programs

As you prepare for your new one, make sure you understand the parental leave programs at your job, your states law, as well as what the government requires, and any governmental programs.

Below I’m going to highlight a few important notes for you, but to be sure you look at the sites I have linked to get more information.

All states have to AT LEAST meet the requirements of the Family and Medical Leave Act, (commonly known as FMLA) and some states provide even more rights. Some state laws require employers to give time for adoptive parents as well as biological parents. Check out your state’s government website to learn more.

Good resource for all State laws for parents who are planning to take parental leave: http://www.nationalpartnership.org/…/w…/expecting-better.pdf

FMLA government page: https://www.dol.gov/general/topic/benefits-leave/fmla

Three states in the USA (RI being one of them) provide paid leave for parental leave. RI allows you to go on Temporary Disability Insurance (TDI) for up to 30 weeks. Each situation is different and your specifics will determine how much you get and how long you can stay on TDI.

Here is the RI link to apply: http://www.dlt.ri.gov/tdi/TDIfile.htm

Your company may also have additional options for you.

Some companies provide options for employees for extended leave, through programs like AFLAC. It’s important that you know that if your company is larger than 50 employees (and a few other specific requirements), they MUST provide you up to twelve (12) weeks of unpaid leave, per year, for prenatal and pregnancy pursuant to the Family and Medical Leave Act (most commonly known as FMLA)
It’s also important that you know that there are federal and state laws that prohibit pregnancy discrimination. Your company MUST treat you just like any other employee who is unable to work because of accident or sickness

Also, sex discrimination laws prohibit employers from applying different policies to men and women. For example, if a company’s policy says they offer “maternity” leave strictly for parenting, they must give male employees the same time off as female employees.

If you feel as though you have been discriminated against, in any way, it’s best to contact a lawyer.

Next up-Wills, Powers of Attorney & Parental Guardianship

New Child Series (2 of 7): Legal Concerns- Day Care & Health Insurance (post 2)

Okay all my baby loving friends. Here’s the first post in my series for you.

My first few posts here are going to be focused on some legal tips for the “planning” phase. That is the pre-baby to-do-list.

DAY CARE

From a ‘legal perspective’, I have a few important tips for you here.
You want to check that your day care is taking proper precautions to screen and vet their employees. There is no shame in asking if criminal background and drug tests are done on all employees, from the headmaster down to the cleaning crew. Besides understanding the ‘curriculum’ you want to be sure that you are doing your due diligence.

You can check out if the day care is registered with the state here:
http://www.dcyf.ri.gov/child_care.php#regulations

You can also check out care.com to read reviews on the facility.:
https://www.care.com/

While you are visiting the facility, you want to be aware and ask questions about the setup and safety precautions the school has. You will want to take notice if there are safety postings on the walls. These can be from reminders to wash hands all the way to arrows and signs for an evacuation. On that topic, you want to ask about the school’s evacuation plan and want to be sure they have one for all different situations. Plans should be detailed and in place for things like a fire, bomb threats, firearms and suspicious people on property. One last tip is to observe and ask about how teachers keep track of the kids. What methods and procedures do the teachers use to ensure everyone is accounted for at all times, especially during and after transitions or field trips.

Now, on the contract side of the house, you want to be sure you are really understanding the terms here. A lot of new parents have told me they thought they were getting 5 day a week care, but didn’t really understand what that entailed. A few helpful things to look at and ask questions about.

What are the hours the school is in session?
Do you have to pay for books, art supplies, anything else?
What are drop off and pick up times? AND what are the charges and stipulations that apply if you are late?

Is there are nap time/lunch and what does that require you do/pay? Is it extra?
What are their pick-up regulations? Some are strict, only a parents or signed note, which can make it difficult for some, depending on their job.

Are there required event attendance, or school day participation by parents? Some co-op models require parents to be in the class room on a somewhat regular basis.
How long is the contract good for? Six months? A year?

If you no longer want the child to attend, what is the course of action and are there any penalties?

HEALTH INSURANCE

Another tricky planning topic, but another extremely important one.
The first important topic here is understanding how to get your new little one(s) added. You need to ensure you are in contact with your employer or health care provider and clearly understand HOW you get your new baby added and WHEN you need to do this by. The addition of a child is considered a life event, which allows for you to update your plan. Each insurance company has terms around the window in which you can do so.

Another interesting note here is that since this is considered a life event, many insurance companies will also allow you to change your coverage. Not only to a family plan, but often your coverage and limits. As you think about adding a new little one, you may want to re-address the actual plan you are on. Maybe it’s time to drop that deductible or pick the plan with more in network doctors. You may want to stay right with what you have, but often, people don’t even realize this is an option.

Now of course, you’re going to want to figure out what insurance covers for you during the pregnancy, during child birth and after. You will want to get a good understanding of what is considered necessary vs. optional, in the eyes of insurance. A friendly hint, it’s not as common sense as you’d think. LOTs of care is not covered. Especially if you have a family history or existing health conditions that might make the pregnancy or delivery difficult, you’ll want to brush up on what test, prescriptions, services and accommodations are covered.

The last planning piece in this category will be picking your doctors and any other help/services you will need during and after your delivery. Again, make sure you are figuring out who is in and out of network and what your insurance will cover. Back to my earlier note, if you find a pediatrician you really love, but they are not in-network, it might just be time to think about a new plan.

Please, if my soon to be’s, new parents or grandparents have anything to add, please do!
As always, questions, just ask.

Next up- Parental Leave & Government Programs.

New Child Series (1 of 7): Legal Concerns Introduction

I had a request for a series from a good friend of mine and I thought the start of the new year would be a great time to do it.

Are you thinking about starting a family? Did you just have your first child? Do you know someone who just had a baby? Are you a new grandparent?

This series is for you.

I have heard, from many new parents, that they never realized how much LEGAL WORK starting a new family is. There are so many things you need to do and lots of paperwork. The feedback I have received is that new parents are worried that they forgot to do something, or don’t know what they don’t know.

My next few post are geared towards getting you all the information you need so you feel confident that you have everything covered.

Here are the areas of legal interest, pertaining to welcoming a new one, that I’m going to cover in the next few posts:

Planning Phase
1. Day Care
2. Health Insurance-what’s covered
3. Parental Leave
4. Government Programs
5. Wills, Powers of Attorney & Parental Guardianship

After Arrival
1. Birth Certificate
2. Social Security Number
3. Health Insurance
4. Rights to nurse

Back to Work
1. Nursing
2. Discrimination & Unfair Treatment

My new parents/grandparents or soon to be parents/grandparents, Anything else you want to hear about? Just drop me a line.

And CONGRATS to all of my friends and family who have recently added or are going to add a new little one to the family!