FMLA and Baby #2

onebadmotha

Hey ladies- I haven't been on here in quite a while, but wasn't sure where else to post this. DH and I are thinking about when we'll try for #2, and I am trying to find information about how that would work with FMLA leave. Our son was born on 11/19/15, and I used all 12 weeks of FMLA leave, returning to work on 2/16/16. I know FMLA entitles you to 12 weeks per year, but what I'm wondering is if the year is counted as 01/01-12/31, or if it's 12 months from when I returned to work? If, hypothetically, I got pregnant in the next few months and had a baby in December, would that entitle me to 12 weeks, since it would be more than a year from when I went on maternity leave last time? Sorry if this isn't very clearly worded- I appreciate any insight you have!


ETA- Of course, after searching for a while, I found my answer right after posting this! Apparently, if you're eligible for FMLA, you're entitled to 12 weeks of leave every year. It's up your employer how they define "a year." My employer requires 12 months of work before any FMLA leave, so I would have to wait one year from my return date. It seems like, as long as baby #2 is due after 02/16/17, I'm in the clear!

natalknitter15

I'm impressed that you're thinking about number two! As much as I adore my baby, sometimes during those middle of the night feedings, all I can think is "At least there's only one of him!"

A&A9222012

My work also defined 12 months of work before being eligible for FMLA but when I recently talked to them they said I could take another 12 weeks if I wanted because it's a new year.  I would look into it more if you guys are thinking this year.  

GoogleMD

A&A9222012 said:

My work also defined 12 months of work before being eligible for FMLA but when I recently talked to them they said I could take another 12 weeks if I wanted because it's a new year.  I would look into it more if you guys are thinking this year.  

This. My company you just have to have worked for 12 months not necessarily consecutive.

onebadmotha

I don't want to ask HR just yet, since I just returned (and I don't want to look like the worst employee...haha), but the employee handbook states that employees are eligible for FMLA "if they have worked for at least 12 months and for at least 1,250 hours during the year preceding the start of the leave of absence." I suppose that could mean that I have worked here at least 12 months in general (I've been here for over 2 years) and that I've worked at least 1,250 during the previous 12 months? I'm not sure how to see how many hours I've worked, but I'd guess it's more than that, even with the 12 week leave

@natalknitter15 - Haha...I'm not necessarily planning #2 for the near future, I'd just like to know when it would be feasible. DH wants to start trying for another right away, but I don't think my body has recovered quite enough to be a healthy baby home. Right now, we've compromised that I'll go off the pill on DS's first birthday...but it may be sooner. My sister and I are 13 months apart, as are DH and his brother- we definitely are pro a small age gap

MargaretC5

At my company time off for FMLA is tracked on a rolling calendar year, so if my first day off for FMLA was 11/1/15 and I took all 12 weeks I would not be able to use FMLA time again until 11/1/16.  I do not think they track actual hours worked each year for full time employees that have been there over a year. Since FMLA is a federal requirement I would expect that all companies would have to apply it the same way, but paid sick days which could fall under FMLA each company could set there own policy.
You could always call HR and ask general questions about FMLA, for a just in case scenario, no need to mention specifics

angelinthepit23

I'm just praying for when we try for #2 in 1-2 years the government has passed the Paid Family Leave Act

onebadmotha

Agreed. My first day back to work, I definitely found myself wishing I lived in another country- and I was one of the "lucky" ones who could (barely) afford to take the full 12 weeks. It's ridiculous. America needs to do better.

angelinthepit23

kayemjay2 said:

Agreed. My first day back to work, I definitely found myself wishing I lived in another country- and I was one of the "lucky" ones who could (barely) afford to take the full 12 weeks. It's ridiculous. America needs to do better.

It does suck. I only felt comfortable taking my 6 weeks STD. With a new baby and medical bills rolling in, I couldn't handle the stress of no having my paycheck coming in since I'm currently the bread winner. If I had the balls is pick up and move our family to Europe. 

Ellsmac

The 12 months of employment/1250 hour of service in the past year is to be eligible for FMLA (i.e. If you haven't been employed by the company for at least a year  and haven't actually worked 1250 hours - you're not eligible for FMLA. If you have, you're eligible.) 

If you're eligible, you are entitled to up to 12 weeks of leave in a 12 month period. However, The law allows an employer to define how the 12 month period is calculated, which determines how much leave time you have available to you if you've previously used FMLA. Obviously, if you haven't used it- you still have 12 weeks. That said, employers are limited to four basic options : 1) calendar year; 2) "rolling" twelve month period (meaning you look back at how much time you've used in the last 12 months to determine how much you have available; 3) 12 months from the start of your FMLA leave; or 4) anniversary date. Employers choose what works for their business and must inform you of which they chose - ita supposed to be listed on the forms you get regarding the FMLA. If the employer doesn't choose- the law applies the method of calculating that is most beneficial to the employee. This really happens, however, because employers typically choose. Most common is the "rolling" 12 month period.

onebadmotha

@Ellsmac- thank you, that is very useful. We've decided to start TTC again in August, so no matter how my employer defines the year, we'll be covered. 

@angelinthepit23- We've also discussed the possibility of moving the Europe, since my husband used to live there. The new grandparents would not be pleased, but that's what planes are for If Trump somehow wins, we may actually act on it...

angelinthepit23

@kayemjay2 lol we are watching the Super Tuesday results and I said the same thing. I loose all hope in America at that point.