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FMLA question, maternity leave
Posted on 4/21/20 at 8:36 pm
Posted on 4/21/20 at 8:36 pm
Wife got put on bed rest about 3 weeks before she gave birth. They told her she would have to take FMLA even though she had enough accrued vacation and sick time.
During that 3 week period they took days away from her FMLA as well as her vacation and sick balance.
Fast forward, she gives birth and now they are telling her she cannot take her full 12 weeks because she used 3 weeks of FMLA on bed rest. We don't care about the paycheck necessarily, we just want her to have the full 12 weeks with our newborn son.
Is it typical to take both her FMLA time as well as her accrued time? I'm about to tell her to just quit, that hospital and their policies are God awful.
During that 3 week period they took days away from her FMLA as well as her vacation and sick balance.
Fast forward, she gives birth and now they are telling her she cannot take her full 12 weeks because she used 3 weeks of FMLA on bed rest. We don't care about the paycheck necessarily, we just want her to have the full 12 weeks with our newborn son.
Is it typical to take both her FMLA time as well as her accrued time? I'm about to tell her to just quit, that hospital and their policies are God awful.
17
Posted on 4/21/20 at 8:38 pm to BoogaBear
Get Gordon and get it done baw
Posted on 4/21/20 at 8:38 pm to BoogaBear
Posted on 4/21/20 at 8:39 pm to BoogaBear
FMLA probably paid 2/3 of her pay and they used her vacation time to make up for the other 1/3, so as not to decrease her pay.
Posted on 4/21/20 at 8:39 pm to BoogaBear
That’s standard. FMLA and paid leave aren’t mutually exclusive.
Posted on 4/21/20 at 8:39 pm to BoogaBear
Pics of her in Second Trimester and we’ll go from there.
TIA
TIA
Posted on 4/21/20 at 8:40 pm to FAP SAM
They took all 3 weeks of her vacation and sick time and an equal number of days from her FMLA balance.
Posted on 4/21/20 at 8:42 pm to BoogaBear
Mothers should be taking care of their children, not working
Posted on 4/21/20 at 8:42 pm to soccerfüt
quote:
Pics of her in Second Trimester and we’ll go from there.
TIA
naw Baw pics at 40 weeks
Posted on 4/21/20 at 8:43 pm to FAP SAM
FMLA doesn’t have anything to do with pay. It just guarantees you have a job to come back to.
Posted on 4/21/20 at 8:45 pm to OleWarSkuleAlum
Didn’t think fmla kicked in until you exhausted sick leave
Posted on 4/21/20 at 8:46 pm to BoogaBear
This is standard procedure. FMLA and paid leave aren’t mutually exclusive and can be counted concurrently.
Posted on 4/21/20 at 8:47 pm to whoa
quote:
FMLA doesn’t have anything to do with pay. It just guarantees you have a job to come back to.
This is correct.
I've had to be been so into all of the programs during this covid shutdown, I was thinking about the eFMLA
Posted on 4/21/20 at 8:47 pm to BoogaBear
quote:
Is it typical to take both her FMLA time as well as her accrued time?
Yes. FMLA begins with the onset of the medical leave, regardless of you use accrued leave or not.
Posted on 4/21/20 at 9:08 pm to BoogaBear
FMLA is unpaid. Most companies require you to concurrently use leave (if you have it). Plus, she got paid.
Posted on 4/21/20 at 9:26 pm to BoogaBear
I am so sorry. I was lucky and received 6 months paid leave with both of my girls. The hospitals in California give mom and dad 6 months off. Its a shame that a hospital would try to cut her leave. She needs that time with the baby. I believe its important for both the baby and the whole family. Congrats on your new addition.
Posted on 4/21/20 at 10:22 pm to BoogaBear
quote:
Is it typical to take both her FMLA time as well as her accrued time? I'm about to tell her to just quit, that hospital and their policies are God awful.
It seems to fit FMLA, but it seems like they would have explained better about using paid time off for pay during that time.
quote:
The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period. An employee must follow the employer’s normal leave rules in order to substitute paid leave. When paid leave is used for an FMLA-covered reason, the leave is FMLA-protected.
quote:
Mothers and fathers have the same right to take FMLA leave to bond with a newborn child. A mother can also take FMLA leave for prenatal care, incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can also use FMLA leave to care for his spouse who is incapacitated due to pregnancy or child birth.
quote:
Leave to care for or bond with a newborn child or for a newly placed adopted or foster child may only be taken intermittently with the employer’s approval and must conclude within 12 months after the birth or placement.
You have up to 12 months to use your time. If still time based on your employer since it would kind of be intermittent on your part (and after the fact) and if you have accrued time and/or better benefits you might be able to ask off to give your child more time with a parent.
Posted on 4/21/20 at 10:32 pm to BoogaBear
Did she nicely ask for an explanation? I find that a little bit of tact goes a long ways with HR people. A lack of tact and you will find yourself canned...
Posted on 4/21/20 at 10:37 pm to BoogaBear
quote:
we just want her to have the full 12 weeks with our newborn son.
She isn’t guaranteed 12 weeks off after the baby is born.
FMLA just guarantees she can’t lose her job for taking 12 weeks off for a qualifying event. She took 3 of those 12 weeks before the baby is born....so now she gets 9 weeks after.
Pretty standard stuff. I’ve had nurse coworkers go on bed rest as well....same thing applies.
Posted on 4/21/20 at 10:44 pm to BoogaBear
Deleted. I misread and need to go to sleep... 
This post was edited on 4/21/20 at 10:48 pm
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