fmla question

mikescutie7

So through FMLA I know I get 6 weeks paid leave, 6 weeks unpaid. I had only planned to take the 6 weeks paid through FMLA in addition to 6 weeks paid by SDI. My husband has been encouraging me to take the extra 6 weeks unpaid leave.

However I read of an exception that says if spouses work for the same company, the 12 weeks must be split between them. We work for the same company so does this mean the extra 6 weeks unpaid are not available to me if my H takes 6 weeks off thru FMLA?

JadaBlue

My husband and I work for the same employer and we each have our own fmla rights. That would be a crazy carve out in the law! I wouldn't even give my employer this idea by asking about it. :-)

Valancyy

My husband and I used to work for the same company and that's how it was for us.  We had an extended FMLA benefit (26 weeks instead of 12), but if my husband took any it would reduce mine.  He just took 2 weeks of vacation time.

It really doesn't seem fair, since FMLA is used for individual illnesses, not just "family" problems. 

BlckRoses

snowflake91011 said:

Also, FMLA offers zero paid time, so that is through your employer as well (probably through short term disability).  I'd talk to your HR department about their rules/regs when it comes to H & W working for the same employer.

This.  The law only requires your employer to hold your job for you and continue you on their medical insurance, not pay you.  If your company offers paid leave, that's separate from the law.  Or, if you live in California, they have their own rules that I don't know about (as much as I love Cali, I don't think I could live there because I really don't want to deal with all their weird employment laws).  

Also, how the law is written, if spouses do work for the same company, the company can require them to share the 12 weeks of leave between the two of them.  It's up to the company, however, how they want to administer it.  

JadaBlue

Yikes, you guys freaked me out with this possibility as I'm planning to take all 12 weeks and my husband also plans to take a month or so of fmla leave (same agency). I just reread our 27 page (!) guide to pregnancy and there is no mention of this despite pages on leave alternatives, so I'm hoping we're in the clear! @-)

mandyjimmy

My H and I work for the same company and we get 12 weeks to share.  If I take 6, he can take 6 unpaid.  But, I also get 6 weeks paid maternity leave (basically Short Tern Disability).  I am planning to take the 6 paid weeks and 2 at no pay.  He is taking 2 weeks of vacation.  We don't plan to use the remaining 10 weeks of FMLA unless there are complications, but if its needed, either of us could take it. 

missmiss307

FMLA itself doesn't guarantee you any paid leave. That would be employer specific.

My husband and I are also employed by the same entity. I am allowed up to 12 weeks sick time through FMLA (whatever my doctor will sign off on), and then we are allowed a combined 12 weeks of "bonding" time through FMLA. My doctor will sign off on 12 weeks of FMLA for me, and my husband will take ~6 weeks of bonding time.

Valancyy

mandyjimmy said:

My H and I work for the same company and we get 12 weeks to share.  If I take 6, he can take 6 unpaid.  But, I also get 6 weeks paid maternity leave (basically Short Tern Disability).  I am planning to take the 6 paid weeks and 2 at no pay.  He is taking 2 weeks of vacation.  We don't plan to use the remaining 10 weeks of FMLA unless there are complications, but if its needed, either of us could take it. 

Usually FMLA works concurrently with Short Term Disability.  So, during your STD leave you'd also be using FMLA.  That's how it worked with me (in my prior job I also dealt with this a lot).  So, you may want to double check to make sure you'll have those remaining 10 weeks.

slippintrippn84

DH and I work for the same company, and YES, if he takes/claims FMLA, it eats away at my bank.

He will be taking reg PTO/Vacation so I can have the full 12 weeks (He wouldn't get paid for it if it was FMLA anyways).

Now, my HR said that the way our compensation works is that I can only get paid while "under the care of a physician" which is normally 6 weeks. I will be taking the 6 weeks of pay then using 3 weeks of PTO so we'll only be going without 3 weeks of my pay.

BlytheMac

Sounds like the same policy my company has minus any paid leave (we have to use vacation/sick before short-term disability kicks in).  If both parents work here, they get a combined 12 weeks off.  They get to decide how to split it.   

KittyMisha

I'm in California, and FMLA doesn't pay you here either. However my job differentiates between disability leave and FMLA. So basically I can take disability time with a note from my doctor, which will be from 4 weeks before the birth to 6 weeks after, and then I am eligible for up to 12 weeks of unpaid FMLA. I don't know if that's employer specific or a state rule, though.

mikescutie7

Sorry I think I keep mixing up FMLA with PFL which is what pays for the 6 weeks. I'm still trying to figure it all out but it's confusing and people have been telling me different things.

I am in California,, and I think my employer does make us share the 12 weeks because another employee mentioned it to me.

Thank you for all the responses

MC03

Ok, knowing that you are in CA helps.   I'm no expert, but I've spent a lot of time researching this, talking with my employer, and this is my second time around actually using it, so I'll tell you what I can.  DH and I work for the same office.

FMLA is different from PFL, which is different from SDI, which is also different from another provision CA has for family bonding (I can't remember the initials).

The family bonding is for 12 weeks, and is also UNPAID, but protects your job and benefits.  Also, for my employer, they require us to split the 12 weeks (doesn't have to be evenly, but we have a total of 12 weeks.)  This is a separate thing from FMLA and doesn't start running until you have been released from SDI or doctor care, this is specifically for bonding.

PFL will run concurrent though, and PFL gives you 6 weeks PAID time for bonding.  So my understanding is, once SDI runs out (after 6 or 8 weeks) - then you get 6 weeks PFL.  If my DH did not work in my same office, then I could take an additional 6 weeks unpaid for bonding (under the family bonding leave).  But because he does work in my office, I will just get 6 weeks bonding and DH will then take his PFL for 6 weeks bonding time.  Does that help at all?  It is sooo confusing.