new job/workplace issues (US)

wyrdling

I just started a new job in January, and will only have been working there ten months when my baby is due to arrive. My husband is in school, so I'm the sole breadwinner for what will soon be five of us.
I'm working for a very small business so a lot of the workplace regulations around maternity are different. I'm concerned about what my rights and options are. I'm not sure where to find information or what to think about before I end up having a conversation with my boss about it (hopefully still a few months off).
Anyone have suggestions or advice?
Thanks!

mrsodonnell12

How many employees?

Terrapantz

Since you will not have been there a full year before you deliver, you won't qualify for fmla if that was even an option. At this point your best bet would be to discuss your leave with your employer.

krgriffin26

I agree with PP. You will not qualify for FMLA. You should talk to your boss or HR as soon as possible. I don't know what state you are in but in Texas, employers do not have to show cause for firing so it's always best to try to work something out. Some businesses allow you to use sick time, short term disability or vacation time. I hope you and your employer can come to an agreement tht will work for you and your family

CountryMama1114

krgriffin26 said:

I agree with PP. You will not qualify for FMLA. You should talk to your boss or HR as soon as possible. I don't know what state you are in but in Texas, employers do not have to show cause for firing so it's always best to try to work something out. Some businesses allow you to use sick time, short term disability or vacation time. I hope you and your employer can come to an agreement tht will work for you and your family

Yep. Many places require that you accrue sick/vacation time, as well. I would personally not take a vacation from work this year just to bank up as much time as possible.

carcrashheart

With #1 I started a new job on January 2 and was pregnant in February. Less than 50 employees means the workplace isn't even eligible for FMLA. My workplace held my position for me, but they didn't have to. There really aren't any rights that hold your position when you work for a small place. I took any time off as unpaid while pregnant so that I could bank my time. I ended up being out a week before giving birth and only had 14 days in the first place to use. I used that and the rest of leave was unpaid. They could have replaced me while I was out. It probably would have been in poor taste and I might have been able to sue, but it would have been hard and pretty impossible to win.

So, you need to talk to your employer ASAP and work something out. Must be a damn good job to be able to support a family of 5!

sunflwra

If you've got an HR person/department- I would suggest talking with them first to see what, if any, coverage might be available to you for maternity leave.  They could probably tell you what's been done in the past and any guidance for talking with your management.  Good luck!

TXSparky

Some states have state specific laws around maternity leave that are separate from FMLA. I don't personally live in one of those states, but it might be worth checking out if you do.

sweetfacebaby

I'm a Human Resources Manager. Does the company have more than 50 employees at your location. This can be a concern for many women who become pregnant before she will qualify for family medical leave (FMLA). You may not qualify for family medical leave due to # of employees and the length of time at the job. If the company [by law] is exempt from FMLA, please check the employee handbook. Many small companies that are exempt from FMLA [may] have a medical leave, personal leave, and/or maternity leave provision written in their handbook.

If the medical or maternity leave mimics the federal regulated FMLA, then you may not qualify for the medical leave. It's best to know now. Also, when a woman is pregnant it is considered a "disability" and some provisions must be made under the American Disability Act law. Either way find out what's in the most current employee handbook.

mrsodonnell12

I work for s company that has less than 50 employees so no FMLA. My boss still honors it though and I was given 12 weeks off after my last pregnancy. I am anticipating the same this time. Talk to your boss and fingers crossed it all works out!!

momtojad

I work for a small company that has less than 50 employees.  There was no maternity policy and they made one that said they would pay 60% for 14 weeks and stopped paying at 6 weeks.  Make sure you get a legal arrangement so you don't get screwed if they offer you anything.

wyrdling

Thanks you all! Yes, the company has 15 employees so no fmla anyway. They have been flexible with arrangements for other employees for other reasons but I have no idea how they handle maternity. They do offer short term disability coverage which might be my best bet. I don't really want to tell my boss just yet but I will have to have that discussion soon, I guess.

BeckIsCute

Same situation, except DH also works and we will just be a family of four. But I just started my job at a 10 person firm in Jan and I'm not yet ready to tell. I have no concerns that they won't hold my job, but don't know how they'll handle pay. I checked my STD and know I'll only get STD for 6 weeks no matter what because I got KU before a certain amount of time on the job. I'd like to take off 4 months, so I hope my ER will pay me even 50% for 6 weeks or something. But I'll worry about that when I'm ready to tell.

Good luck to you!

carcrashheart

Std is good for covering the pay. They should do 6-8 weeks. 8 if you have a c section. 6 for vaginal. I don't believe std goes any longer or else it would turn in to ltd and that wouldn't apply for maternity. Std won't hold your job, so you still need to speak with them to make arrangements. I would probably do so sooner than later.

NunyaBennis

carcrashheart said:

Std is good for covering the pay. They should do 6-8 weeks. 8 if you have a c section. 6 for vaginal. I don't believe std goes any longer or else it would turn in to ltd and that wouldn't apply for maternity. Std won't hold your job, so you still need to speak with them to make arrangements. I would probably do so sooner than later.

Not for me. I can take 6 weeks off under STD but any paid days come strictly from my previously accrued PTO. I'm hoping to mix up PTO, LWP, and holidays to get a little more than six weeks... Hubs will qualify for FMLA, so can be off for 12 weeks.

OP, were you given an employee handbook when you were hired? Is there an internal website with links to company policy? If not, I would request their written policy for taking leave from your HR rep. There's no need to let them know about what type of leave you're inquiring until you're ready to discuss it, and I agree that you should be as informed as possible before beginning that discussion. It's good to hear that they seem flexible though. Good luck!

sunflwra

NunyaBennis said:

Std is good for covering the pay. They should do 6-8 weeks. 8 if you have a c section. 6 for vaginal. I don't believe std goes any longer or else it would turn in to ltd and that wouldn't apply for maternity. Std won't hold your job, so you still need to speak with them to make arrangements. I would probably do so sooner than later.

Not for me. I can take 6 weeks off under STD but any paid days come strictly from my previously accrued PTO. I'm hoping to mix up PTO, LWP, and holidays to get a little more than six weeks... Hubs will qualify for FMLA, so can be off for 12 weeks. OP, were you given an employee handbook when you were hired? Is there an internal website with links to company policy? If not, I would request their written policy for taking leave from your HR rep. There's no need to let them know about what type of leave you're inquiring until you're ready to discuss it, and I agree that you should be as informed as possible before beginning that discussion. It's good to hear that they seem flexible though. Good luck!

You may want to double check this.  By definition- STD is an insurance that pays a percentage of salary for an employee unable to work.  If you qualify for STD- either by buying into it yourself or because your employer pays for it- you would qualify for some sort of income for either 6 or 8 weeks depending on your delivery.

NunyaBennis

sunflwra said:

NunyaBennis said:

carcrashheart said:

Std is good for covering the pay. They should do 6-8 weeks. 8 if you have a c section. 6 for vaginal. I don't believe std goes any longer or else it would turn in to ltd and that wouldn't apply for maternity. Std won't hold your job, so you still need to speak with them to make arrangements. I would probably do so sooner than later.

Not for me. I can take 6 weeks off under STD but any paid days come strictly from my previously accrued PTO. I'm hoping to mix up PTO, LWP, and holidays to get a little more than six weeks... Hubs will qualify for FMLA, so can be off for 12 weeks.

OP, were you given an employee handbook when you were hired? Is there an internal website with links to company policy? If not, I would request their written policy for taking leave from your HR rep. There's no need to let them know about what type of leave you're inquiring until you're ready to discuss it, and I agree that you should be as informed as possible before beginning that discussion. It's good to hear that they seem flexible though. Good luck!

You may want to double check this.  By definition- STD is an insurance that pays a percentage of salary for an employee unable to work.  If you qualify for STD- either by buying into it yourself or because your employer pays for it- you would qualify for some sort of income for either 6 or 8 weeks depending on your delivery.


(edit) =======Quote Fail=========
That was initially my understanding, too, but I was later told that although the percentage of salary paid is typically 50-60% it could be zero... Our handbook just says that the company pays 100% of the premiums, but doesn't go into any detail of filing.

As for Pregnancy Leave: Pregnancy shall be treated as a temporary disability ... Upon request, LWP shall be granted for maternity purposes to those individuals who have not accrued sufficient PTO ... Disability leave will last for six weeks after the date of delivery...

Maybe I'll dig a little deeper, thanks! I like money.

sunflwra

@mrsmechanic1 - I've never heard of an STD plan that didn't cover recovery from pregnancy but if they're not running it through an outside company, I guess they may be able to put their own parameters on it.  I honestly don't know why you'd offer it as a company if you weren't going to include maternity coverage as a part of it since that's probably a pretty high percentage of why it's used.  Hopefully they can give you some answers soon.

NunyaBennis

NunyaBennis said:

sunflwra said:

NunyaBennis said:

carcrashheart said:

Std is good for covering the pay. They should do 6-8 weeks. 8 if you have a c section. 6 for vaginal. I don't believe std goes any longer or else it would turn in to ltd and that wouldn't apply for maternity. Std won't hold your job, so you still need to speak with them to make arrangements. I would probably do so sooner than later.

Not for me. I can take 6 weeks off under STD but any paid days come strictly from my previously accrued PTO. I'm hoping to mix up PTO, LWP, and holidays to get a little more than six weeks... Hubs will qualify for FMLA, so can be off for 12 weeks.

OP, were you given an employee handbook when you were hired? Is there an internal website with links to company policy? If not, I would request their written policy for taking leave from your HR rep. There's no need to let them know about what type of leave you're inquiring until you're ready to discuss it, and I agree that you should be as informed as possible before beginning that discussion. It's good to hear that they seem flexible though. Good luck!

You may want to double check this.  By definition- STD is an insurance that pays a percentage of salary for an employee unable to work.  If you qualify for STD- either by buying into it yourself or because your employer pays for it- you would qualify for some sort of income for either 6 or 8 weeks depending on your delivery.

(edit) =======Quote Fail=========
That was initially my understanding, too, but I was later told that although the percentage of salary paid is typically 50-60% it could be zero... Our handbook just says that the company pays 100% of the premiums, but doesn't go into any detail of filing.

As for Pregnancy Leave: Pregnancy shall be treated as a temporary disability ... Upon request, LWP shall be granted for maternity purposes to those individuals who have not accrued sufficient PTO ... Disability leave will last for six weeks after the date of delivery...

Maybe I'll dig a little deeper, thanks! I like money.


Is it wrong to quote yourself? Sorry...

So I pulled a different folder and apparently our STD does cover 60% of my salary, up to $500/wk, for 13 weeks AND specifically mentions that pregnancy is covered. Huh! Why would their policies be so contradictory? Further research pending...

dfilarski

I am in almost the same boat. I started a new job then a week later found out I was pregnant. I don't qualify for fmla and I don't think I even qualify for STD since I wont have worked here a full year. We havent told anyone yet but I am dreading telling them and am trying to plan for different scenarios but really wont know.The management on my team isn't married and has no kids and no one else on my team has kids. Not sure how this will go down.