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re: FMLA question, maternity leave
Posted on 4/22/20 at 12:19 am to BoogaBear
Posted on 4/22/20 at 12:19 am to BoogaBear
The company probably requires usage of available sick/vacation time concurrent with FMLA to prevent having situations where they have to hold a job open even longer when employees try to take their 12 week FMLA then add all their sick time and vacation days onto that and take nearly a half year off.
She should be getting paid leave for the amount of vacation and sick days she had left. Unpaid for the rest of days taken as FMLA only
She should be getting paid leave for the amount of vacation and sick days she had left. Unpaid for the rest of days taken as FMLA only
0
Posted on 4/22/20 at 8:45 am to BoogaBear
If you guys are in Louisiana you should look in to the Louisiana pregnancy disability act. She could get up to 16 weeks a of job protection. Being that she was on bed rest for several weeks this would more than likely be covered.
Posted on 4/22/20 at 8:49 am to BoogaBear
Just went thru this with 2 employees. In our case, FMLA counted as Maternity Leave but they were not allowed to use PTO during that time. It was an either/or situation.
Posted on 4/22/20 at 8:50 am to treyk89
quote:
If you guys are in Louisiana you should look in to the Louisiana pregnancy disability act. She could get up to 16 weeks a of job protection. Being that she was on bed rest for several weeks this would more than likely be covered.
This is the definitive response.
ETA: call a good employment lawyer.
This post was edited on 4/22/20 at 8:57 am
Posted on 4/22/20 at 8:51 am to lsunurse
quote:
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.
This isn’t 100% accurate. Depending on the nature of the bed rest and pregnancy, she could look into the pregnancy disability act in Louisiana. Depending on the severity of disability, including what occurred during bed rest, mothers can receive up to 4 months of job protection. It’s an act that a lot of employees even employers, fail to research.
Failure on the employer’s part to inform the employee or flat out ignore the act has and will cause major liability. Maternity leave, pregnancy act, and/or FMLA is nothing to play with. These are there to protect the employee. Courts are aggressive in these decisions. It’s better for the employer to exercise caution; short term loss is far less costly than a discrimination suit.
This post was edited on 4/22/20 at 9:00 am
Posted on 4/22/20 at 8:59 am to TigerGman
quote:
This is the definitive response. ETA: call a good employment lawyer.
Right on.
But good advice for the employer too. They have far more to lose.
Posted on 4/22/20 at 9:05 am to treyk89
We are in Alabama, not sure if we have the same act.
Posted on 4/22/20 at 9:12 am to BoogaBear
FMLA isn’t tied to her PTO.
FMLA simply provides (limited) job protection for up to 12 weeks for employees dealing with a medical issue. That 12 weeks isn’t required to be consecutive and is counted over a rolling 12 month time period as opposed to the calendar year.
PTO can be used to provide income during FMLA but isn’t required to be eligible for FMLA.
If your wife required 3 weeks of bed rest and applied for FMLA during that time (probably required), she has used 3 of her 12 weeks FMLA availability. She would have 9 weeks of FMLA left and may or may not be eligible for short term disability for that time if she or the company provided for that benefit.
Your wife’s company is doing what is pretty standard.
Bottom line: Your wife has already used 3 of her available 12 week FMLA time. Her PTO has nothing to do with FMLA and any people use their FMLA time without PTO.
Source: 16+ years of Executive HR experience
FMLA simply provides (limited) job protection for up to 12 weeks for employees dealing with a medical issue. That 12 weeks isn’t required to be consecutive and is counted over a rolling 12 month time period as opposed to the calendar year.
PTO can be used to provide income during FMLA but isn’t required to be eligible for FMLA.
If your wife required 3 weeks of bed rest and applied for FMLA during that time (probably required), she has used 3 of her 12 weeks FMLA availability. She would have 9 weeks of FMLA left and may or may not be eligible for short term disability for that time if she or the company provided for that benefit.
Your wife’s company is doing what is pretty standard.
Bottom line: Your wife has already used 3 of her available 12 week FMLA time. Her PTO has nothing to do with FMLA and any people use their FMLA time without PTO.
Source: 16+ years of Executive HR experience
Posted on 4/22/20 at 9:19 am to treyk89
quote:
Failure on the employer’s part to inform the employee or flat out ignore the act has and will cause major liability. Maternity leave, pregnancy act, and/or FMLA is nothing to play with. These are there to protect the employee. Courts are aggressive in these decisions. It’s better for the employer to exercise caution; short term loss is far less costly than a discrimination suit.
Failure to inform her of what? Does her company have a handbook that explains FMLA? When she applied for FMLA during that initial 3 week period, was she given a page or referred to her handbook?
Women who have given birth and people dealing with medical disabilities are terminated all the time after exceeding their 12 week FMLA. Companies cannot be expected to hold a needed position open indefinitely while an employee is unable to work. They need the job filled. The law protects both the employee and the employer. It protects the employee’s job while they deal with a temporary leave for a medical issue and the employer by limiting the amount of time they must operate without filling a needed position in their company.
Posted on 4/22/20 at 2:50 pm to LSUGrrrl
quote:
Failure to inform her of what? Does her company have a handbook that explains FMLA? When she applied for FMLA during that initial 3 week period, was she given a page or referred to her handbook? Women who have given birth and people dealing with medical disabilities are terminated all the time after exceeding their 12 week FMLA. Companies cannot be expected to hold a needed position open indefinitely while an employee is unable to work. They need the job filled. The law protects both the employee and the employer. It protects the employee’s job while they deal with a temporary leave for a medical issue and the employer by limiting the amount of time they must operate without filling a needed position in their company.
You couldn’t be more wrong. There are states that have pregnancy acts. That’s why I asked if he was in Louisiana. I hope you don’t do HR in Louisiana, because you see clearly ignorant to our laws. Just because employees term women after 12 weeks doesn’t make it right. There are plenty that are entitled to 4 months. You need to educate yourself before you give people advice on something. These are people’s lives we’re talking about; your ‘opinion’ could have adverse consequences.
This post was edited on 4/22/20 at 2:54 pm
Posted on 4/22/20 at 2:57 pm to LSUGrrrl
quote:
If your wife required 3 weeks of bed rest and applied for FMLA during that time (probably required), she has used 3 of her 12 weeks FMLA availability. She would have 9 weeks of FMLA left and may or may not be eligible for short term disability for that time if she or the company provided for that benefit.
Source: 16+ years of Executive HR experienc
Good God this is terrible. I hope you don’t share this info to Louisiana residents as we have the pregnancy act. That’s not something that an employer just offers or doesn’t.
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