FMLA Question

Re: FMLA Question

• Sillygirl45 member

  

  November 2013

  No. You need a doctors note that you are not able to return to work for FMLA. 18 weeks post birth (combining your sick days and FMLA) is excessive. You also need to take into account if there are complications. Say you're on bed rest for some reason prior to giving birth. After 12 weeks of FMLA they are not obligated to provide you with a job. I would check with your HR for specifics in your district.

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• Maybride2 member

  

  November 2013 edited November 2013

  FMLA provides 12 weeks of unpaid job protection for eligible employees (you have to have been employed there at least a year FT or X number of hours PT, your employer has to have at least 50 employees within a certain distance, etc.).  Yes, you have to have a doctor's note for it, but yes - any OBGYN would provide you with that note, because childbirth certainly falls under what FMLA covers.

  The "6 weeks off" you hear is regarding paid leave.  Most OBGYNS will consider you "fit" to return to work at 6 weeks after an uncomplicated vaginal delivery, so if you had a short term disability policy it would no longer be in effect at that point. If you're only taking sick days and have 6 weeks worth of sick days that you could take, then your 12 week leave provided under FMLA would be half paid and half unpaid. 

  Again, you get 12 weeks total in a 12 month span under FMLA.  So if you took a week prior to birth, you'd have 11 weeks left after.  It doesn't take complications into consideration.

  

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• theteno member

  

  November 2013

  Thank you!

   

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• Carnation77 member

  

  December 2013

  6 weeks is early to go back to work, but I returned when LO was 9 weeks and it was perfect for us.  By 3 months they're definitely little people but it's not necessary to stay home that long if your work doesn't pay for it.  As a teacher, one reason you might want to take the full 3 months, or longer, is if you really want to breastfeed.  The teachers I know have not been able to get enough time to pump and ended up having to switch to formula once they went back.  You guys also have more physically demanding jobs, and if you're only getting 2-4 hours of sleep it can be hard to do.  I know a lot of teachers make it work, and some do manage to breastfeed, but it is hard from what I've heard.

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• theteno member

  

  December 2013

  Thanks, @Carnation77

   

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• vpine member

  

  December 2013 edited December 2013

  You would need a 'medical release' from the Dr indicating when you're allowed to return to work after childbirth. Your position is not protected if you exceed the 12 weeks allowed.
  At my job, 6 weeks return is the norm, I'm not sure why someone would want to take off the whole 12 weeks, unless the child is sick or there's no babysitter.
  

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• Maybride2 member

  

  December 2013

  12 weeks is the norm for leave, because it's the max amount allowed under FMLA.  While I was perfectly happy to go back at 12 weeks, I can't imagine going back much earlier than that.  It had nothing to do with my child being sick and everything to do with the facts that we still weren't sleeping much, were still getting the hang of breastfeeding, and I was still dealing with postpartum hormones. 

  

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• brigitbella member

  

  January 2014

  You definitely need a doctor's note if you take more than the 6 weeks for vaginal birth.  When I had my daughter by c-section I was able to get 8 weeks.  Try and see if your doctor will let you take leave early though.  As a teacher you are on your feet a lot, which can cause increased swelling, possibly even preterm contractions.  Hpefully you have an understanding doctor that will let you take the last few weeks off.

  Good luck!

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