Please help me with FMLA question

[jenrose66]

Hi everyone. I've asked a question on leave before, so I apologize, but I just need some help understanding something and I'm on these boards alot (well usually on trip planning), but I feel like you're all friends .

My employer is required to provide FMLA, they have not disputed this. However, they are saying that I only get what my doctor provides me (6 or 8 weeks) and not a full 12 weeks of leave.

I live in NY and I understand that I would only receive 6 or 8 weeks of disability pay, that's not the issue. My issue is my right to take the additonal 4 to 6 weeks of unpaid leave, that I believe is afforded to me under FMLA.

I have talked to a lot of girls at work that have had kids and our HR department tells them the same thing, that we only get 6 or 8 weeks. They have all taken that short amount of leave because they said they couldn't afford to take unpaid time off.

I can afford to take leave without pay and I intend to. I want to spend my full 12 weeks with my newborn and from the research I'm doing online with the department of labor, etc...this seems to be my right.

If anyone knows more about this or has had the problem I'm having please let me know. I'm thinking that I should file a complaint with the Department of Labor, but before I put myself through the stress I'd just like to get this resolved.

Thanks,
Jen

 

[LuvN~Travel]

Yes you are entitled to the full 12 weeks of leave whether you have paid leave or not to cover it. They can make you use up all of your paid leave at the beginning if they want to, but you can still take the remainder as LWOP.
Hope this helps. Sounds like someone in management needs to take a reading course.
Kim

 

[MeanLaureen]

I've been working under FMLA for the past 5 yrs for a chronic condition. It's only good for as long as your doctor says you need to be covered by it. That may be what your company's problem is. If he says "Released for work on XXX date, that is when the FMLA is over. You can't stay out under it longer than the doctor says, nor if you are on FMLA and you are out on short term disability could you come back to work before the doctor releases you and gives the company the all clear. Its all up to him. I think it would be up to individual companies if they want to offer the ability to take an unpaid leave of absense outside of FMLA, but unless your doctor signs you out for the 12 weeks, I don't think it's an FMLA issue.

Have you asked your doctor to extend your FMLA?

 

[Snow Brite]

If you or an immediate family member have a qualifying condition, then you can take up to 12 weeks off. Pregnancy/childbirth is a qualifying condition. How long you doctor says you should be off, the amount of paid time you get off and the 12 weeks are all separate things.

Print out the information from the Department of Labor stating this and take it to HR and ask them to explain to you why there seems to be a discrepacy? You might also print out the Pregnancy Discrimination information. If they still state you only get 6-8 weeks then ask for the information in writing as you do not understand. Once you have that, you can file with the Department of Labor.

I think it helps to think of it this way. You would get FMLA if you were to adopt your child as well. Your husband qualifies for 12 weeks of FMLA when you have the baby as well. It has NOTHING to do with a doctor, but with a major family event. The 6-8 weeks from your doctor means you cannot return BEFORE that time but not that you have to return. The disability is due to the childbirth, but is not related to the FMLA.

Also, they are required to pay you all of your time while you are gone. Accumulated sick pay as well as all vacation time after the disability pay is used up (NOT before).

I haven't used this in 6 years, so if something has changed, someone correct me, but I have heard of no changes.

Good luck and congrats! Those 12 weeks will go so fast.

 

[floridafam]

I believe that snow brite is right on the money.

Good luck

 

[Lisa loves Pooh]

You are entitled to care for your newborn. You do not need a doctors note. They are at their discretion as to whether they will pay you are not but you are guaranteed 12 weeks UNPAID leave and they must hold your job or equivilant (and not some pseudo-equivilant).


So if you are having a baby--you are entitled to care for your newborn. I'm sure it will be easy to get a note from the pediatrician if necessary.

You can contact your department of labor (you'd have to go to their website and find out the one closest to you) for a possible violation. If your job won't interpret the law properly--the Dept of Labor can assist them with it .

Print out the entire Family Medical Leave Act and show it to HR and let them know if they do not honor it you will be required to take further action. It sucks and by no means is it threatening to sue--but it is basically calling to their attention that they are subject to investigation if they do not comply.

http://www.dol.gov/esa/regs/statutes/whd/fmla.htm

(A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.

And the only qualifications for a new baby are childbirth and care of baby. Baby does not need a serious medical condition. That is a separate line of the act (for like when a child gets very ill and you must care for them an extended period of time).

As someone posted--the short term disability payment is independent of allowed leave time.

I hate it when HR thinks they can get away with something. Especially with childbirth.

FYI: If you and hubby work for the same company--you are only entitled toa combined 12 week total leave. http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.202.htm

 

[Lisa loves Pooh]

I cannot find the address--but you should have a prominently displayed poster somewhere in your work place (The famous minimum wage poster). It should have an address and phone number if you wish to either complain or to find out what is necessary to file a complaint.

It has been 6 years since I called them--but I did and was able to find out precise information about the FMLA and what to do if I suspected that my company was breaking the law. I ended up not requiring to do anything b/c the source of my complaint was removed (the lady they gave my job to 2 weeks before I left work and had my baby was FIRED!!!! It was NOT a surprise!). So there was no more issue and I got my job back.

 

[jenrose66]

Thank you for your replies. I have printed out the FMLA Act and will bring it to my HR department. I just think it stinks because I have been to HR three times to talk about this and everytime, they just say, "no I'm sorry it's not 12 weeks". I work for a national company that employs over 20,000 (though only about 900 at my office). You would think they would be in compliance, but every girl I've talked to that is pregnant all said they were told they don't get 12 weeks.

Last time I went to HR I asked for, in writing, where it said that I am not entitled to 12 weeks and it was never furnished to me. I can't afford to quit my job, so I usually, just leave the office and call my husband to cry about how aggravating and stressful this whole ordeal is.

 

[floridafam]

Wow, just reading your post makes me cringe. I can't believe that they wouldn't know the law.

Think of all the women who have already had their babies who were told incorrect information.

I hope that those women raise holy heck when they find out they've been screwed.

Good luck to you and your family.

A friend of mine in Sweden just had a baby and she got something like 18 months leave and so did her husband.

 

[Snow Brite]

You know what? Request the information in writing. You write THEM a letter stating that you want them to write YOU a letter stating their company policy on FMLA leave as it pertains to you. Write in the letter that you understand from the Department of Labor website that you are entitled to 12 weeks of leave irregardless of how long you are considered disabled by your doctor and you would like them to explain to you where you are "misunderstanding" this government policy. Send it to them, return receipt requested and cc the corporate office HR department or some other group that the HR department will be accountable to.

Then if you get a letter back that restates you only get the time you are considered disabled and not the 12 weeks, you have something simple to take in to the DOL to file a claim. The claim should be open/shut, problem solved. Think of all those other pregnant co-workers that you are helping as well.

But stop stressing (you are pregnant, you need to be focused on that!). Take the emotional component out of it by communicating in writing and get it taken care of.

 

[ahutton]

If or when you write the letter Snow Brite suggests, you might clarify the differentce between "disability" time and FMLA time - one has nothing to do with the other. FMLA simply is the Federal Law that says they have to give up to 12 weeks of time off for an event qualified under FMLA. That time does not have to be paid at all, I know from my experience (my employer does not offer Short Term Disability so my entire Maternity Leave was unpaid).

How much time your STD pays you for is where the 6-8 weeks they are speaking of comes from - that is how much time your doctor gives for a standard delivery-related disability. Keep in mind - that is not always how many days you are given! Your medical condition is evaluated by your doctor as you recover and that is when they determine when you can go back to work.

 

[Kimberle]

In CT, we are entitled to *16* weeks, not 12. I don't know about NY. Hopefully you can find someone from NY who knows.

 

[camreesmom]

I believe the 12 weeks is the federal law. Your state may add to it but not subtract from it. I guess that is why CT gets more. All I can say is do not give up. I have had to argue with our HR dept. more times than I care to count because of benefits. 4 pregnancies and they want to change the rules every time. You are definitely entitled to the 12 weeks even if your doctor says that you only need to medically be off for 6 weeks. I have been fortunate enough to have a doctor that will stretch the time needed off to 8-10 weeks so I can get paid for as long as possible.

Good luck, hope everything works out well for you,
Julie

 

[ElizaB39]

Wow, I had the best bosses ever. They let me take whatever time off I wanted as long as I came back to work! I had paid sick leave for the Dr. approved time, then I could take vacation time for as long as I had (several more weeks), then I took LWOP for a short time! With my first I took 4 months off, with my second, I took 6 months.

Their wives were probably at home reading them the riot act to treat me right! hee hee

I just cannot stand how employers try to mess with women and PG related issues. When will they learn how important it is to value us and what we would do for them if they just treated us with some respect. (using we and us generically, as I had a great situation both times).

Do not give up, you deserve this and you have EARNED it.

 

[Lisa loves Pooh]

Last time I went to HR I asked for, in writing, where it said that I am not entitled to 12 weeks and it was never furnished to me. I can't afford to quit my job, so I usually, just leave the office and call my husband to cry about how aggravating and stressful this whole ordeal is.

Then it should be mentioned in a little love note to the Dept of Labor.

Youre company is WRONG and violating the law.

 

[aprilgail2]

When I had my daughter I took 8 weeks of sick time (with pay) since I had a c-section and then took a few weeks FML- I could have had 12 but it would have been unpaid and as a single parent there is no way that was going to happen( plus I was anxious to get back to the adilt world by then).....as long as the FML is for myself I would get paid for it (out of my sick bank as long as I had sick days left)..but if it is to care for a newborn its unpaid and also when I had to take it when my daughter had surgery it was unpaid since it was not for me...