Maternity leave ? help please

froggygrleb

I hope someone can help me. The place i work at is covered by fmla so i should be able to take 12 weeks off right? IM asking because as long as im cleared by my doc my boss is expecting me back 6 weeks pp and im not going to be ready i was planning on taking 8. We saved and saved so that i could take 8 almost 9 weeks off with her. so i guess my question can they leagally make me go back as soon as my doctor clears me or can i take the whole time off if i want to.

hopefully you guys can help me cuz im all stressed out over this. I dont want to screw anyone over but 6 weeks is just not enough time. Ijust dont want to leave her at all but thats not an option for us right now. :<

i have been so upset about this right now i just havent been able to stop crying.  i know i need to call my boss but i dont know how to talk to her about it. ugg this sucks i just want to enjoy my time off.

Jody81

It depends. You are only covered by FMLA (no-paid leave) if you have been with the company for at least 12 months. Then, yes you can take that time off and FMLA is there to protect your job, basically they can't fire you while you are out. I would call HR (not boss) and discuss the situation and they can relay the information to your boss, then call your boss to confirm.

RieTea

have you talked to your doctor? They might write you to go back whenever you ask...my dr. had to write fmla paperwork for both my husband and myself and they just asked us what we wanted to put. For me, it was later than your typical  8 weeks (c-section) and my work questioned it b/c i would've been entitled to more sick pay if I were actually off for medical reasons. Otherwise, I believe you are entitled to the 12 weeks regardless of when your doctor clears you. Get it taken care of so you can enjoy your time!!!

Temp536318000001135

I would recommend you talk to HR. I thought with FMLA you could take all 12 weeks, but only 6 are paid. Perhaps your boss thinks you only want to take the paid portion?

froggygrleb

none of it is paid unfortunaltely but i knew that go ing into it.  I just called my doctors office and they said there is nothing that could be done untill i come in for my 6 week apt. and talked to the doctor.  I just need to stop letting it get to me but im having such a hard time not thinking about it which proves im no where near ready to go back to that place

brandonsgrl

As everyone else has stated, each company is different. Did they give you a maternity packet or anything? You should also be able to use your vacation time at the end of your 6 weeks (I'm assuming you're on STD right now?).

Andrea-n-Andy

How can none of your leave be paid?  I thought they had to at least cover the first 6-8 weeks. 

As far as when to go back, I don't think they can force you to go back before the 12 weeks of FMLA (as long as you are qualified).  And your job should still be there for you. 

I am not trying to harp on you at all here, but if you were planning on taking 8-9 weeks off, why doesn't your boss know that?  Shouldn't you have gone over this before you left?

froggygrleb

i thought she did know but apparently something was misunderstood.  I told her we had worked it out so i could take 8 weeks so i dont know what happened.  Im covered by fmla and have already filled out the paper work.  Unfortunatly i dont have std I never signed up for it because i didnt plan on being at the job still.  I got pregnant and then decided to stay because i was no longer starting grad school that june.  Ohh well im just going to try and stop worrying about it.  If worse comes to worse i find a new job and get to be a sahm for a little while.

aleeandbry

If you work at a decent sized place you should be covered by FMLA - if so, your job is guaranteed for 12 weeks but they don't have to pay you (depends on your time off and part term disability).  Can you talk to someone in HR at your company?  That would be best.

p.s. your boss sucks.

Andrea-n-Andy

Your boss sounds like a real piece of work.  It doesn't sound like you are too committed to the place, so I wouldn't worry about it so much.  It sounds like you qualify for FMLA, so just get HR involved and you'll be fine.  Enjoy your little one while you are home!

AnyaMW

I'm so sorry they're giving you such a hard time!  That's awful. 

I just talked to my HR dept yesterday to ask about the leave policies at my company.   Here's what I learned:

Under FMLA, if your company has 50+ employees, then you are legally able to take 12 weeks UNPAID leave and they must keep your job and benefits for you.

(If your company has LESS than 50 employees, then you are not guaranteed the 12 weeks.)

If you pay into a Short Term Disability Plan, you can also take advantage of that.  I will be able to get 6 weeks (with a Dr note) of Short Term Disability pay, at a rate of 60% or so of salary. 

And PLUS those 6 weeks, I could take the 12, legally.  


 

Mrs*Pink

Anya, does your STD start immediately?  Mine doesn't start until I've been off 2 weeks, so I need 10 vacation days to cover the meantime.  I don't think I'll have that, so I'll probably have...

8 days vacation time, 2 days no pay, 4 weeks STD (60% pay)

ashell97

You are entitled to 12 weeks of unpaid leave and they can NOT terminate you or your benefits.  Period.  (if your company meets the standards and you already said yours does).

I do not believe they can MAKE you go back to work after 6 weeks unless they have a policy that states so.  Do you think your doctor would write you out longer?

Mine wouldn't, so I got screwed out of 6 weeks of STD pay.

buckeyebabe99

Yes, your job is protected for up to 12 weeks in a rolling year. 

Your company does not have to pay you for your time off, however.  Mine doesn't. I have to earn enough med time and vacation time to pay for the 12 weeks.

AnyaMW

Mrs Pink:

My company's policy is that they will give me 1 Weekl PAID, and then I get 5 weeks STD after that.    Those 5 weeks *might* be extended by Doctor's request.

And then after those 6 weeks total, I can take the 12 Unpaid.