Unpaid ML - How much availability do I need to have?

*sparky*

As a PT employee at my company I am not eligible for any benefits. This means no STD or other form of pay during my ML. I do, however, qualify for FMLA, so they have to allow me 12 weeks off (which will be 100% unpaid).  So here is my question, my boss wants to talk about what level of availability I will have during my leave.  I know for the first few weeks I don't want to promise any availability at all, because I will need to recover and spend time with the baby.  However, after those first few weeks I am not sure what to do.  Part of me wants to say that if I am not getting any pay whatsoever, then I am not available.  The other part of me does not want to be such a PITA, nor do I want to come back to 1,000's of unread emails.    <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

However, I know even now on my days off if I log on for a few minutes to check emails or just take care of something, inevitably someone sees me pop online and will start IMing me questions and next thing I know an hour has gone by.  So I don't want my days to start getting sucked away with work I am not getting paid for. 

What is the right way to deal with this and/or what would you do in my shoes?

jlaOK

Is your boss trying to work out some sort of WFH deal during your maternity leave since it's 100% unpaid?  I'd find out from him if he is intending you to work some sort of PT hours and get paid for them.  If so, you'll have to figure out if you want to try and work during your maternity leave (obviously how the unpaid time will affect your finances is something to consider).  I would never agree to be available without getting paid for my time.  If you do decide to work some during maternity leave then I wouldn't commit to any set hours per week because you won't know how flexible you'll be with a newborn.

*sparky*

@jlaOK - no he is not trying to get me a reduced rate for being available to WAH during my 12 weeks. He knows I am not getting paid but still wants to know what kind of availability I will have.

I really, really don't like my job but I am trying to keep that from clouding my judgment. It just does not make sense to me to spend time working if I am not getting paid at all.

*sparky*

PrivacyWanted said:

I'd figure out a way to to politely say you'll only be available if you're getting paid for your time.

I'm certain your company wouldn't want to violate any potential labor laws by expecting you to work for free, would they?

Is there an HR person/department you can bring into the discussion?

Ugh- I can't post any text from my PC - weird... Anyway, HR at my company is a joke. I had to talk to three different people before I knew how my leave will be handled. The first person told me I was absolutely eligible for STD and got me all excited. Then I found out he was completely wrong. My boss is clueless in personnel matters and it is not at all surprising that he thinks it's ok to ask me to work when I am not being paid. Like I said, I really don't like my job.

TheBorg7of9

I'm getting paid for my ML and I am not expected to be available at all!

*sparky*

Thank you so much for the FMLA info.  I have scheduled a 4th meeting with HR (in advance of talking to my boss about this) and will discuss this with them to see if we can work something out.  I am thinking weeks 1 - 6 I will not work at all and not get paid.  Maybe weeks 7 - 12 I can agree to 8 hours a week at 1/3 of my normal pay, since I normally work 3 days/week.  And then I will also suggest I extend my leave accordingly, so essentially I would get two more weeks of leave.  That would actually work out well for me, as it would allow me more time off in the summer with my older DS, who will be out of school.

cecilyandgautam

FMLA can be used for the whole first year after your child's birth so if you want to use 6 solid weeks off at first and then tapper the rest out through out the year, FMLA has that covered and you shouldn't need extra approval from HR but sounds like your people aren't up on it, so may just want to "refresh" their memory of the law. 

Cooper81

I'm a fed, so un paid ML covered under FMLA.  I was told legally if I'm not getting paid I'm not to work, since I'm not in a working status.  However I checked my BB regularly for my own benefit after about 2 weeks, but only responded to emails that were time sensitive and my temp replacement wouldn't know the answer to.