NICU/preemie moms and returning to work

jamiem538

Hi Ladies!

I'm currently 31 weeks and expecting a preemie (on bedrest at home/hospital since 19 weeks because of incomp cervix, dilation and PTL). I was hoping to take a split maternity leave, half for my own recovery and half for when my daughter comes home, should ahe have a long NICU stay. My work has a strict policy of taking the 6 weeks (completely unpaid) maternity leave in a row. Did any of you encounter this problem and how did you handle it? Not returning at all is not an option for us. I basically feel like since I've been on medical leave beyond my control for so long that they view it as me pushing my luck. It's not like I need anymore stress right now!! Thanks in advance

zoeyandsummersmom

I would talk to your manager and HR about this. NICU babies are not a typical situation and you should ask for their flexibility, but prepare yourself for them to say no. I worked while on bedrest (everything I do is front of a computer/conference calls) and then worked from home for a few months after my DD was born. 

MrsRKJ

Can you apply for FMLA?

Or is that what you're on now?  If so, can you extend it for a bit/as needed?  I agree with PP, you're in a special situation, maybe there will be some flexibility there.

Good luck to you!

direy25

dcmetrobride said:

I would talk to your manager and HR about this. NICU babies are not a typical situation and you should ask for their flexibility, but prepare yourself for them to say no. I worked while on bedrest (everything I do is front of a computer/conference calls) and then worked from home for a few months after my DD was born. 

Agree with all of this - and ditto PP's question, are you currently using FMLA for your bed rest?

I'm lucky that my work is also letting me work remotely (NICU is 4 hrs from home) so that I can keep some FMLA time when we bring Griffin home.

Sorry your dealing with this on top of everything else!

jamiem538

Thanks ladies. I'm a teacher so I can't work from home. My school doesn't have short term disability or FMLA. It's a little ridiculous. My long term will only kick in if I stay pregnant through August 20 and aparently 6 weeks after isn't covered. I'm so frustrated!

KTZ17

Is there a child care leave option in your district? Where I work you can take leave to care for a child for up to four years. It's unpaid of course. I'm on leave until January so I transferred to my husband's insurance, since for this leave option you also don't get to keep your insurance.

PhillyGal34

Are you sure fmla doesn't apply? It's not something your district can choose. It's federal law. https://www.dol.gov/whd/fmla/

Pips09

I'm so, so sorry that you are dealing with this stress, on top of medical issues. It sounds like, even if FMLA were to apply, you will have used it up being on bedrest. I would try to appeal to someone higher up about the leave policy, because it's really terrible that they wouldn't make an exception. Do you have care lined up for when the baby comes home? Can you request an extended leave of absence from work, unrelated to medical/FMLA leave?

thishappyhouse

Wow you are in a tough position.  Im sorry.  Others have mentioned FMLA... I believe that you are protected by FMLA if your employer employees >50 people.   I luckily have a flexible work situation and was able to work remotely part time while on bedrest.  I took my 8 weeks of disability (standard for c-section) and then went back to work for the last 9 weeks of my daughters NICU stay.  I took unpaid leave when she came home from the hospital. 

The good news is that you are 31 weeks, which is fantastic given your complications.  I had IC and delivered at 25 weeks... way to go momma!  The longer you stay pregnant the shorter your baby's NICU stay will be.  

jlm538

I'm not sure why, but the school doesn't adhere to FMLA. Maybe it is because it is a private school? I honestly have no idea! But with that said, we have no union and no HR representative, so the decision is completely up to the head of school, who uses the employee handbook as his reference for making most decisions. My leave thus far has been unpaid, I'm not sure how long I'll stay pregnant so I don't know if I'll end up with anything from long term disability and maternity leave is completely unpaid. It's not as thought I want to miss work because of this, but I'm literally forbidden to return! I feel like I'm going to end up with no job because if they tell me I can't have at least a few weeks with my daughter when she returns from the NICU (should she need it), the choice I have to make will be clear. I realize that they need to have someone in my place for the beginning of the school year, but I'm trying to work with them and I feel like I'm getting nothing back - my boss hasn't even answered my email about taking a split maternity leave. 

But thank you for all of your suggestions and advice!

DiFazette

It's my understanding that a school, whether private or public is require to abide by FMLA.  Unless your school has immunity for some unknown reason... you should be covered.  I don't want to beat the horse dead, but I would be doing a bit more research if I were you. 

COVERED EMPLOYERS

The FMLA only applies to employers that meet certain criteria. A covered employer is a:

• Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
• Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or
• Public or private elementary or secondary school, regardless of the number of employees it employs

jlm538

bdifazio said:

It's my understanding that a school, whether private or public is require to abide by FMLA.  Unless your school has immunity for some unknown reason... you should be covered.  I don't want to beat the horse dead, but I would be doing a bit more research if I were you. 

COVERED EMPLOYERS

The FMLA only applies to employers that meet certain criteria. A covered employer is a:

• Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
• Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or
• Public or private elementary or secondary school, regardless of the number of employees it employs

We must be under the minimum employee number, though I know we are probably just hovering under it. That is the only way I can see us being exempt. I have done a lot of research otherwise and applied for long term disability.I am just hoping I have a job after taking medical leave and maternity leave. It seems illegal to my logical mind, but my psychotic bed rest mind has me thinking that I am going to end up being let go and that they will attribute it to there not being enough children enrolled or something. 

jlm538

I just don't know how we managed to evade the part you highlighted. Maybe it is because the part of the school I work in is not elementary or secondary?

jacque_z

PhillyGal34 said:

Are you sure fmla doesn't apply? It's not something your district can choose. It's federal law. https://www.dol.gov/whd/fmla/

This!!  I don't see how a school district wouldn't have FMLA coverage.  I'd keep asking questions! 

DiFazette

jlm538 said:

I just don't know how we managed to evade the part you highlighted. Maybe it is because the part of the school I work in is not elementary or secondary?

Sorry you're dealing with this - on top of everything else.  If your bedrest induced paranoia is correct, and this becomes a bigger issue for you - I'd be checking all resources available.  Calling the DOL in your state as well as Federally to confirm whether or not your employer needs to comply.  These are the issues huge precedent lawsuits are made of.  I'm the least litigious person out there, but women getting screwed out of leave for having a child really gets a bug up my @ss.  Especially since the US is way behind other developed countries maternity related laws.