1st Trimester

XP: Cross Post FMLA Loophole

Mobile Bumpers Cross Post: FMLA Loophole.

After finding this out at work, I'd like to let everyone know there is a loophole with Federal FMLA Laws.  If you have less than 12 months at your qualifying employer more than 50 employees and you take leave for the birth of a child. That leave is not FMLA but just disability time.  Upon you reaching the milestone of 12 months at your employer, you then become eligible for FMLA and your employer is required to let you take this additional unpaid leave.  This way you get more than the standard 12 weeks.  The best case scenario would be to get hired at a new job shortly after learning of your pregnancy.  I wish I had known.  Over 10 years with my company and I only can take 12 weeks.   A new girl who started 10 months ago is getting 5.5 months.
??
Our little lightbulb is on the way!
image
12 weeks 3 days


TTC since Oct 2011
Me: 33, hypothyroidism since 14, cleared all HSG, US, Pre-pregnancy panel tests.
Hubby: 36, testicular Ca, chemo April-May 2012.
Natural cycle IUI #1 with trigger and Progesterone Suppositories (Jun 2012) Neg
Natural Cycle IUI #2 with trigger and Progesterone Suppositories (Jul 2012) NEG
Aug 2012 - break due to needing a girls' weekend in Cape Cod
Natural Cycle IUI #3 with trigger and prednisone (Sep 2012) NEGATIVE
Switched fertility clinics - forced break Oct 2012
Natural Cycle IUI #4 (Nov 2012) no trigger, no progesterone, no prednisone (Nov 2012) - Neg
1st round Clomid Cycle IUI #5 (Dec 2012) - POS

Re: XP: Cross Post FMLA Loophole

  • That plan could fail because there is an hour requirement as well as a month requirement. So if you haven't worked 1,250 hours  in the 12 months before you end up on disability you are not eligible for FMLA time. Which is 156.25 days if you work 8 hour days. If you are on disability you are not working your hours and therefore may not meet the hour requirement of the law. I think an employer can choose to extend FMLA time to an employee who doesn't qualify but they are not legally obligated to nor would they be required to give you an equal position when you return to work. 

     

    To be eligible for FMLA leave, an individual must meet the following criteria:

    • Be employed by a covered employer and work at a worksite within 75 miles of which that employer employs at least 50 people;
    • Have worked at least 12 months (which do not have to be consecutive) for the employer; and
    • Have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave begins. 

    <a href="http://www.thebump.com/?utm_source=ticker&utm_medium=HTML&utm_campaign=tickers" title="Pregnancy"><img src="http://global.thebump.com/tickers/tt19e611.aspx" alt=" Baby Birthday Ticker Ticker" border="0"  /></a>
  • Even if she is out on STD, if she isn't covered under FMLA, the employer has no obligation to hold her position. So she could've lost her job during that first 6 weeks.

             HL meme 23

     
    Tessa: 10.28.10                             Nora: 8.30.12
     
    image
  • image smilormarie:
    Mobile Bumpers Cross Post: FMLA Loophole.

    After finding this out at work, I'd like to let everyone know there is a loophole with Federal FMLA Laws.  If you have less than 12 months at your qualifying employer more than 50 employees and you take leave for the birth of a child. That leave is not FMLA but just disability time.  Upon you reaching the milestone of 12 months at your employer, you then become eligible for FMLA and your employer is required to let you take this additional unpaid leave.  This way you get more than the standard 12 weeks.  The best case scenario would be to get hired at a new job shortly after learning of your pregnancy.  I wish I had known.  Over 10 years with my company and I only can take 12 weeks.   A new girl who started 10 months ago is getting 5.5 months.


    this doesn't make any sense....i had 12 weeks 6 disability 6 fmla. Fmla has always been unpaid. Disability has always only been 6 weeks paid 8 for section. Don't get why someone is getting more than that and your not...
  • image 1017Shannon:
    image smilormarie:
    Mobile Bumpers Cross Post: FMLA Loophole. After finding this out at work, I'd like to let everyone know there is a loophole with Federal FMLA Laws.  If you have less than 12 months at your qualifying employer more than 50 employees and you take leave for the birth of a child. That leave is not FMLA but just disability time.  Upon you reaching the milestone of 12 months at your employer, you then become eligible for FMLA and your employer is required to let you take this additional unpaid leave.  This way you get more than the standard 12 weeks.  The best case scenario would be to get hired at a new job shortly after learning of your pregnancy.  I wish I had known.  Over 10 years with my company and I only can take 12 weeks.   A new girl who started 10 months ago is getting 5.5 months.
    this doesn't make any sense....i had 12 weeks 6 disability 6 fmla. Fmla has always been unpaid. Disability has always only been 6 weeks paid 8 for section. Don't get why someone is getting more than that and your not...

     

    Because work, by law, had to give her time off due to the birth of her child.  I expect she got the minimum 8 weeks (2 weeks sick time and 6 weeks disability).  During that time, she will meet the 12 month requirement to be eligible for FMLA which was not running during disability like it usually should since she wasn't here long enough for FMLA when she went out.  So once she becomes eligible - boom, she gets to take her FMLA, 12 weeks on top of the 8 she was already out.  So just saying, I now know for my next kid to immediately change jobs as soon as I get pregnant to take full advantage of the full amount of time off.  We suspect she got pregnant within 1-2 months of being hired.

    ??
    Our little lightbulb is on the way!
    image
    12 weeks 3 days


    TTC since Oct 2011
    Me: 33, hypothyroidism since 14, cleared all HSG, US, Pre-pregnancy panel tests.
    Hubby: 36, testicular Ca, chemo April-May 2012.
    Natural cycle IUI #1 with trigger and Progesterone Suppositories (Jun 2012) Neg
    Natural Cycle IUI #2 with trigger and Progesterone Suppositories (Jul 2012) NEG
    Aug 2012 - break due to needing a girls' weekend in Cape Cod
    Natural Cycle IUI #3 with trigger and prednisone (Sep 2012) NEGATIVE
    Switched fertility clinics - forced break Oct 2012
    Natural Cycle IUI #4 (Nov 2012) no trigger, no progesterone, no prednisone (Nov 2012) - Neg
    1st round Clomid Cycle IUI #5 (Dec 2012) - POS
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