FMLA experts, please

[ez]

I know, males or females can take 12 weeks after the birth of the baby. I am pregnant and need to take some time off before baby comes per dr. orders. Can't I just use regular sick leave for that and still have 12 weeks protected family leave after. For instance, if I was on bedrest for 3 months, there would be no family leave left for me to take when baby comes, if that was the case. And yet a new dad could get the full 12 weeks, because he didn't go thru a pregnancy. I understand you CAN use family leave before....but do you HAVE to?It seems like they are 2 different issues. Is that just to protect people with no leave? So the short of it....I want to take 4 weeks SL before baby comes, and 12 weeks family leave after(mixture of sl, al, lwop.) Can I do this?...Thanks!

 

[LuvN~Travel]

If I'm correct the employer themselves can designate the leave beforehand as FMLA too, since it involves a pregnancy. It will depend on your employer, though. Mine (USPS) would love to do that so you couldn't use that much leave afterwards.
They are actually supposed to be the one who designates/recongnizes it as FML. Unfortunately, I spent many years having to tell them about it!
Good luck on your case.
Kim

 

[pumba]

work earlier too......and they call it something else besides the fmla.....I think it was extended disability leave because it was a necessity...and it does not count on her maternity leave......check anyways

 

[Antonia]

I managed FMLA for a 500-employee company and they would definitely have counted the 4 weeks into your FMLA. An employee gets 12 weeks per year. Once that is exhausted, you may still be out of work, but you would no longer have the protections afforded by FMLA such as going back to the same job that you had before the leave. The company could actually fill the position if they so desired after teh 12 weeks were exhausted. Usually FMLA and accrued sick time run concurrently - not separately.

 

[aprilgail2]

I know for my job I took off 10 weeks paid sick time, 2 prior to the birth and then 8 weeks after since I had a c-section..then when all that was over I then started using my family leave time. Not sure if every job is the same but that is how mine worked.

 

[ByTheSea]

I'm a tad bit rusty but unless there have been significant changes in the past couple of year....

(Keep in mind Your state may have laws that are more generous) but in general, under Federal law you have the 12 weeks per year. Your employer in their plan can designate if it's a rolling 12 months or per calendar or fiscal year. Usually it's a rolling 12 month period.

Your employer can choose to require you to use up any paid leaves you have available and count those same days in the 12 weeks.

Basically, you may have sick time, or short-term disability as paid leave, and whether or not you use or are required to use up your sick time, those days count towards your FMLA 12 weeks.

Any absense in excess of 3 days can be FMLA but there is notification required, your employer needs to formally notify you that you or using FMLA leave days for the 12 week clock to start.

Also, intermittent leave (as in a reduced schedule) also counts against the 12 weeks of FMLA leave. So if you had to work half time per Dr. orders for 10 weeks, that would use up 5 weeks of FMLA protection.

FMLA is not paid leave but paid leave can count against the FMLA leave. Basically as someone already said, FLMA offers you some protection but not a guarentee of the same job when you return, rather a like/similar job and pay.

Employer's can always give you longer leaves, paid or unpaid, but they are under no Federal/legal obligation to do so.

If you have been notified that you are using FMLA time, any hours you take off (paid or unpaid) will be counted against the 12 weeks. If you are not notified of your FMLA rights the clock hasn't legally started yet (a loophole some employers overlook)

BUT - this info is from back a couple of years when I was a qualified neutral/mediator. I am not an attorney and have not kept current on any changes in the past couple of years.

AND - I know some public sector employers are exempt from Federal laws such as FMLA. If you work for the government they don't always have to follow the same rules

Check out http://www.dol.gov/esa/whd/fmla/

and check your State department of Labor for any local rules

 

[mickeyfan1]

to add on to all the other posts, FMLA is not a "requirement" if the employer has fewer than 50 employees working for it.

I was an office manager/admin assistant/supervisor. My company ran FMLA concurrent with disability. A woman who was pregnant was granted 6 weeks of paid child birth disability. If she opted to remain out past that time, she could take up to one year newborn care leave (UNPAID), only the first 6 weeks was counted as FMLA, but the company would guaranty her a job upon return from newborn leave, not necessarily the one she left. If a father wished to take newborn care leave, he could do so. It would be unpaid, and he could take up to 12 weeks with job guaranty if he opted to apply FMLA to the leave.

ez, you really MUST check with your HR department or Benefits group to see what your medical disability leave policy is. Each company has it's own, and while they are usually required to follow whatever laws are in effect, they are allowed to set thier own policies for paying leaves, disabilities, etc. The Dis is a wealth of information, but we are not the people who will ultimately decide what will happen at your company.

Best of luck with your baby, and congratulations.

 

[Kristi1357]

Last year, my company counted my bedrest time as FMLA. I was lucky though since I was allowed to take additional unpaid leave and didn't return to work until DS was 3+ mos. anyway.

Thsi was in MA.

 

[aprilgail2]

Originally posted by ByTheSea

Any absense in excess of 3 days can be FMLA but there is notification required, your employer needs to formally notify you that you or using FMLA leave days for the 12 week clock to start.

At my job we can take single FMLA days, if you are taking your parent or spouse or child to the DR for a serious illness then you can use a FMLA day so its not charged against your sick bank. When my daughter was born she had displaced hips so once I went back to work I was stil able to take single FMLA days to take her for ultrasounds and the orthopedic Dr....

 

[jel0511]

Again, it all depends on YOUR employer, but when I was pregnant (decided to not go back though) and DH's employer (he just had one of his employees out on maternity leave) the clock starts running the moment you walk out the door. DH's employee was carrying twins, and had to leave on bedrest 6 weeks before delivery. Her "clock" started the moment she left and basically had 6 weeks left after delivery. DH's company allowed her to tack on her vacation time after, since she had left early, and she got an additional 3 weeks due to vacation time. This was an exception to the official policy, and had to be approved by various HR heads. This was basically because she had to leave early, if she had left within a reasonable time before delivery, as will most likely happen with another of DH's pregnant employees, the addition of vacation time would be denied.

 

[C.Ann]

My DD was taken out of work 2 months before her delivery of my granddaughter for physical problems - per doctors orders - and it was designated as disability, for which she received disability checks.. After the birth the time she was out was considered FMLA..

 

[Divamomto3]

Family leave here in Connecticut is 16 weeks unpaid. The only money I got from the hospital I work at is any accrued sick and vacation time I had. However, I was hospitalized at 6 months pregnant with my last son and I could not go back to work. The time before he was born was counted as a medical disability, not family leave. If you're having pregnancy complications and can't work, that's a medical problem until the baby is born. No baby born, no family yet.....bleeding uterus or high blood pressure---medical condition. But again, check with your own company and also your state.

 

[Alicnwondrln]

its disability
When I had my first sona nd was put on bedrest 5 years ago I had to use 1 weeks vacation then was put on short term disablilty and then long term covered by my company and was paid 65% of my pay after I had Shawn then I had the FMLA

Good Luck

 

[Kristi1357]

I had specific paperwork from my employer that stated that any disability related to pregnancy was considered part of family leave. I was quite shocked by that last year and even put a call in to my best friend who is an attorney in Philly. And asked alot of other pregnant women and ones that recently had babies. My friend checked with another lawyer that specializes in labor law. He said that was correct, but you are lucky if you get a company that allows you more time. (and that was the concensus from all I asked about this)

Even if you were on bedrest 3 months, you still would get your 6-8 weeks recovery time after the birth (under disability, not FMLA). You just may not get the 12 weeks FMLA after the birth of the baby unless your company allows for this.

Again, this is in MA - but my lawyer friend is in PA.

Edited to add that I found this info on the dept. of labor's website:

"Q: Can the employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?

Yes. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12-month period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement."
http://www.dol.gov/elaws/esa/fmla/faq.asp

Good Luck!
Kristi

 

[ByTheSea]

If you're having pregnancy complications and can't work, that's a medical problem until the baby is born. No baby born, no family yet.....bleeding uterus or high blood pressure---medical condition. But again, check with your own company and also your state.

Just wanted to clarify, FMLA covers leave for YOURSELF or a family member. There is no real other laws that cover "disability" other than the FMLA.

That means if you are out for a broken leg or a pregnancy, it can be considered FMLA leave. You don't have to have a "family" to be covered under the FMLA.

FMLA is unpaid leave but if your employer provides paid leaves, they can run concurrently or consecutively, it's up to your employer.

Basically, you only have the protection of the federal leave laws (protection of returning to a similar job) if your total absences for illness for yourself or to help care for a family member are 12 weeks or less per year. (the year can be defined differently from employer to employer) If you have two circumstances, you don't get 2 set's of 12 weeks, it's a total of 12 weeks. But your State laws or your employer may offer more.

I know for example, some states will provide 6 weeks AFTER birth (some longer maybe) which means if you use up 10 weeks prior to birth, you still have 6 weeks after birth.

Plus some public sector employee's are exempt, do not have the same "protection"

Also, if you are covered by a labor union, your union agreement may offer more leave protection.

Paid leaves are not required by any law that I am aware of. They are at the discretion of your employer provided Benefit plans. No employer is provided to provide sick time or paid disability, but if they do, they usually have a plan description that defines the terms and they must apply those consistently.

 

[Kimberle]

Originally posted by ez
I know, males or females can take 12 weeks after the birth of the baby. I am pregnant and need to take some time off before baby comes per dr. orders. Can't I just use regular sick leave for that and still have 12 weeks protected family leave after. For instance, if I was on bedrest for 3 months, there would be no family leave left for me to take when baby comes, if that was the case. And yet a new dad could get the full 12 weeks, because he didn't go thru a pregnancy. I understand you CAN use family leave before....but do you HAVE to?It seems like they are 2 different issues. Is that just to protect people with no leave? So the short of it....I want to take 4 weeks SL before baby comes, and 12 weeks family leave after(mixture of sl, al, lwop.) Can I do this?...Thanks!

BTDT!

The state I live in covers you for FMLA for 16 weeks. I was put on bed rest. My dd was then born 11 weeks early, (1#15.5oz, 13.5"). She came home after 8.5 weeks in NICU. At this point, I had 4 week left of my 16 and she was just under 4 pounds.

After may conversations with my HR dept and my boss, I felt confident that they would allow me to add some of my PTO time to the end of my FMLA. Imagine my horror when they called me on THURSDAY and told me I had to be back to work on MONDAY or I would lose my job.

I wasn't asking for much. I nearly died and my dd nearly died. She was only 4 pounds and could not enter daycare (dr's orders). Did NOT matter to my company.

Fortunantly, I was able to cover with family until she was big enough for daycare.