Are any of you ladies familiar with FMLA and can give me advice?? I think my HR lady is really trying to screw me.
So I work for a company that offers STD at 60% and we go by FMLA eligibility.
I meet all the requirements except the 12 months (if I deliver early)
My anniversary date is April 18th and my due date is April 15th.
At my HR's discretion, if I make it to my due date she will allow it and I will meet my anniversary date and be eligible for FMLA. (she already gave me a Notice of Eligibility stating that if I made it to my due date, I will qualify as eligible)
However, if I don't make it to my due date then I will not qualify because I did NOT reach the 12 month requirement for FMLA. She stated that the 12 months has to be from my anniversary hire date and that's how the company has always measured it.
I have found no written rules in the handbook specifically mentioning that it has to be my year anniversary date & I can't find that in the FMLA guidelines (only that it has to be 12 months & 1250 hrs)
I've had meetings with my manager & CEO but since they are clueless about it, they have to go by what my HR tells them.
I can use any personal time I have which is about 2 days roughly...so if I make it to the 12th or 13th then I will be ok. But first year employees do not receive vacation time nor any unpaid time off so I have NO other time I can use to bridge the gap if I deliver my baby early. And I will be terminated since I will be taking a leave absence for so long.
I have worked plenty of overtime as well (as of right now I am almost at 2080 hrs since I have been working at this company) but even though I surpassed the hourly requirement I would still not qualify and there's nothing they can do if I have to leave earlier than my anniversary date.
I'm 37 weeks pregnant, I just pray that I make it to 40 so I dont have to deal with any of this, but I need to know what to do just in case he's early. I'm worried about losing my job, my STD and my benefits if I am. Does it HAVE to be my anniversary hire date??