Grrrr...FMLA & OB

kbeth0310

Sorry but I need to vent...staying stressed I'm sure is so not good for baby.

 My OB is pissing me off (was considering switching, now I'm positive). My job (paramedic) requires I turn in FMLA paperwork ASAP so that any misses (for morning sickness, etc) during the next 7mos are counted as FMLA & can't be held against me. So I write my doc a nice letter explaining what I need & give it to her with the FMLA forms. Part of my letter asked her to put my back to work time as 12 weeks after delivery.

I get my paperwork today and guess what.....

1) She told them I can come back 5-6 weeks after delivery. Regardless of the 12 weeks federal law entitles me to my employer is one that basis what they give you off of what your OB says. She says 6 weeks....I'm back at 6wks or fired.

2) She doesn't believe morning sickness is grounds for intermittent FMLA coverage. Also doesn't believe that a light duty position would be in my best interest. Last time I checked I do my job on a daily basis and know for a fact lifting 300lb+ patients several times a day plus crawling in/out of car wrecks isn't good for me or baby. Especially when I have had 2 m/c in the past!

I'm just so upset. She was the one who told me at our 1st prenatal that if I ever needed to come off the truck at work just say the word and she'd support me.

 Sorry, thanks for listening....needed to woo saa.

shanen29

I would switch Dr's for sure.  What a biatch!

I'mAcrossThePond

Your OB is probably required to put 6 weeks for a vag delivery. My OB did that...and then changed it to 8 weeks because of a C-Section - HOWEVER...federal law says I can take up to 12 weeks...my employer MUST give me 12 weeks...regardless of what the OB says.

 

Your OB is right though, the recovery time for a vag delivery is 6 weeks. She can't lie.

 

Check with your HR again. They should just need a statement saying that you are pregnant, and your approx. due date. 

spharky

I would look into your company's FMLA policy.  I pulled the following off of the U.S. Department of Labor's website (www.dol.gov):

Overview

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• for the birth and care of the newborn child of the employee;
• for placement with the employee of a son or daughter for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• to take medical leave when the employee is unable to work because of a serious health condition.

 

I would look into it farther if I were you.  Above it does say for the "care" of a newborn child.

kbeth0310

HR gave me this form that has 20 some questions and under "expected recovery time/estimated return to work" she put 6wks. I can understand 6wks recovery for vag delivery but don't believe it's the same as return to work. I questioned HR (mean lady there too) and she said "Sure, the law gives you 12 weeks...but it has to be certified by a doctor...which yours has not...it can be adjusted to up to 8wks if you have a c-section, if not at 6wks you will need to return to work or face disciplinary action".

Having one of those days where I wished I was independently wealthy & never had to work again!

sawyer2

wow i would be pissy too, i had a similar problem with my past OB i needed a note saying i was pg, and she said she wouldnt till she found a heartbeat with a doppler.  Hello army girls needs paperwork  this is after my betas reached 6000

 

4everDsgirl

but it isn't your dr. who determines if you can take FMLA after the birth of the baby...the baby makes you eligible to take it she only says when you can take disability and that makes sense after 6 weeks is typically when disability ends...prior to having the baby your dr. might need to say that you have a medical issue that requires time off for fmla...but legally you are allowed to take the remaining 12 weeks (that you didn't use for m/s) after the birth of the baby for baby bonding...

jessicaclare

As long as your company is covered by FMLA, you are entitles to 12 weeks of leave. Your doctor doesn't have to certify it. However, your employer is only required to hold a similar position with similar pay. That HR lady is on crack.

I would talk to her about the light duty. It could be that someone else filled out the forms that didn't understand your position. As for m/s...well, I've had severe m/s to the point of nearly being hospitalized. I would guess that she would certify that for FMLA coverage, butif you aren't at that point, she probably doesn't want you to abuse it. Plus, anything you use now takes away from your 12 weeks after. You get 12 weeks TOTAL in a rolling 1 year period, not 12 now and 12 after you give birth. I'd save it for when you want it.

pumpkinwife07

You need to switch doctors ASAP!

DiscusCoach

Not only would I dump her ass I would write a letter to any medical board you can think of including the national obstetrics board!!! Is she insane!!! Also, there are a bunch of websites where you can post your review of your doctor - post on as many as possible. If she doesn't change her behavior at least other women have been warned.

Maybe a flaming bag of poo on her doorstep for good meassure...

kbeth0310

Ha thanks for all the revenge suggestions!

 I understand I only get 12 weeks total...trust me I read every bit of material on it I could before my fight with HR & still got nowhere. What is even more discouraging is that 3 other girls in my agency all had babies last year...each had to come back at or before 8 weeks b/c that is what their OB wrote so that is what HR enforced. Each one of them fought it & lost. HR stands by that FMLA is only eligible if it's for a medical condition...their interpretation is that the condition ends at 6 or 8 weeks.

To defend me...I wasn't planning on "abusing" FMLA now for m/s. My two concerns where based on wanting job protection. In my line of work missing 6 days in a rolling 12 month period is grounds for suspension without pay..the 7th day gets you fired. Also it's really hard to battle morning sickness when your being tossed around in the back of an ambulance...those things drive like dump trucks! I just wanted to have "intermittent coverage" (which HR allows) in case I needed a day here or there.

I'mAcrossThePond

You are all idiots for suggesting the doctor is at fault.

 The doctor is bound my medical ethics to report true information. It is true that a vaginal delivery takes 6 weeks to recover from.

Take your company to court over the 12 weeks thing...that is a federal law. It has nothing to do with your doctor. 

2linesin09

I'mAcrossThePond:

You are all idiots for suggesting the doctor is at fault.

 The doctor is bound my medical ethics to report true information. It is true that a vaginal delivery takes 6 weeks to recover from.

Take your company to court over the 12 weeks thing...that is a federal law. It has nothing to do with your doctor. 

Wow that is harsh to say! I don't think anyone said that the Dr. is at fault - more that they also did not like what she wrote in response to OP request for a letter.  Personally, if that were my OB I'd probably switch too b/c I'd want an explanation and not just the letter.  Unless she talked about it with me first I'd be miffed too. The Dr. making an OB's salary and the OP is just trying to stay employed.  She isn't asking her falsify anything. 

peteysweetie

kbeth0310:

HR gave me this form that has 20 some questions and under "expected recovery time/estimated return to work" she put 6wks. I can understand 6wks recovery for vag delivery but don't believe it's the same as return to work. I questioned HR (mean lady there too) and she said "Sure, the law gives you 12 weeks...but it has to be certified by a doctor...which yours has not...it can be adjusted to up to 8wks if you have a c-section, if not at 6wks you will need to return to work or face disciplinary action".

Having one of those days where I wished I was independently wealthy & never had to work again!

 

Your HR person is an idiot, FMLA is job protection and your job is protected for upto 12 weeks after the birth of a child. 6 weeks of it is for disability and the remainder is for baby bonding. You do not need a doctor's certification for baby bonding. Now if you take time off prior to the birth for morning sickness, dr. appointments etc. and you choose to have it count towards your FMLA then it will chip a few hours/ days off of the 12 weeks. If your work fired you or even disciplined you for not returning to work after just 6 weeks when your job is protected for 12, you could totally sue and win big money. GL

ruthiej

I had a similar problem at my work.  In the end, I took six weeks of leave using sick time (I had three months worth) and had to take the rest using vacation.  I was beyond angry.