FMLA help please

emmavenus77

So I've met with HR but I remain confused mostly because meeting was several weeks ago and I can't remember some things. I'd appreciate some help. 1. Is it 6 weeks or up to 12 weeks bonding time? I keep reading mixed messages. Is it 12 weeks if there are complications? 2. Can I take divide it and take 2 weeks after LO is born and take the rest intermittently as say taking Fridays off? Or is it one or the other, take it all together or take it intermittently? 3. HR said I can submit when baby is born, elsewhere I read 14-30 days before. Help!

mama_cito95

My HR told us that we had up to 3 months for bonding time (so 12 weeks).  They also said that it needs to be taken within/before the first year (so before baby turns 1 year), but that those 12 week could be split up.  I don't know if there is a limit to how many times it can be split up within that year, though. HTH

gingerbreadgirl

Our policy is also 12 weeks - its just up to the individual company how many of those weeks will be paid.  They also have a schedule for taking it part-time or intermittently - you should definitely ask for more info!

princess_shelly

OK you can take up to 4 weeks of prior to your due date and be paid SDI (that is temporary disability), this SDI also covers 6 weeks after your delivery (6 for vag, 8 for c-section, I believe) then after that 6 weeks you are eligible for 6 weeks PFL, paid family leave (baby bonding) you are also eligible under CA law to take another 12 weeks unpaid leave to bond with your baby (under this 12 weeks, your employer doesn't have to guarantee you a job when you return though).  All of this has to be taken within 1 year of the birth, but not all at the same time.  Your DH can also take 6 weeks of PFL anytime during the 1st year too!

Good luck.  You can meet with your HR as many times as needed to clarify everything.  You also have to make sure your OB will clear you to return to work 2 weeks after the birth.

parrotgirl

princess_shelly:

OK you can take up to 4 weeks of prior to your due date and be paid SDI (that is temporary disability), this SDI also covers 6 weeks after your delivery (6 for vag, 8 for c-section, I believe) then after that 6 weeks you are eligible for 6 weeks PFL, paid family leave (baby bonding) you are also eligible under CA law to take another 12 weeks unpaid leave to bond with your baby (under this 12 weeks, your employer doesn't have to guarantee you a job when you return though).  All of this has to be taken within 1 year of the birth, but not all at the same time.  Your DH can also take 6 weeks of PFL anytime during the 1st year too!

Good luck.  You can meet with your HR as many times as needed to clarify everything.  You also have to make sure your OB will clear you to return to work 2 weeks after the birth.

This, exactly.

jkylie

parrotgirl:

princess_shelly:

OK you can take up to 4 weeks of prior to your due date and be paid SDI (that is temporary disability), this SDI also covers 6 weeks after your delivery (6 for vag, 8 for c-section, I believe) then after that 6 weeks you are eligible for 6 weeks PFL, paid family leave (baby bonding) you are also eligible under CA law to take another 12 weeks unpaid leave to bond with your baby (under this 12 weeks, your employer doesn't have to guarantee you a job when you return though).  All of this has to be taken within 1 year of the birth, but not all at the same time.  Your DH can also take 6 weeks of PFL anytime during the 1st year too!

Good luck.  You can meet with your HR as many times as needed to clarify everything.  You also have to make sure your OB will clear you to return to work 2 weeks after the birth.

This, exactly.

ALMOST, exactly. the 2nd set of 12 weeks unpaid, your employee does have hold A JOB for you, just not the exact same job and/or position.

heyitsme

But wait, I thought the 12 weeks unpaid of FMLA ran concurrent with the 6 weeks of PFL, so that you have 6 weeks of unpaid FMLA once PFL ends?

Is it not true? Oh that would be wonderful if I could take 12 weeks unpaid once PFL ends!!

Mindymo25

FMLA runs concurrent with PFL.

thelaubs

One thing that needs to be made clear is that there is no pay associated with FMLA. FMLA is basically an insurance policy for you when you take your leave. It allows you to be on leave- paid, not paid etc for 12 weeks and your employer cannot terminate you during that time. If you decide to be out longer than that, you are taking the risk of potentially being let go, having your position filled or being moved to another position.

It is true that you can begin your SDI leave 4 weeks before you are due, however, as soon as you take your first day of leave, the FMLA clock starts ticking. I'm planning on working up until my water breaks if possible so that my FMLA clock doesn't start ticking until the baby arrives.

 SDI does include pay, however it is partial pay. In some cases, your company can pay partial and SDI will pay partial therefore giving you full pay.

The Family Bonding leave is 12 weeks and can be taken all at once, or throughout the first year of the babies life (Only companies that have over 50 employees are required to do this). It is paid partially- I believe it is 55% of your normal wages, however it is pretax money so when you receive your check, it will most likely be as much as your regular net paycheck. Just remember, you will have to claim this amount on your taxes later so stock up that money so you have it to pay back. You can use the bonding time leave however you want. I work with a gal who is taking 2 months off, then her husband is taking 1 month off while she goes back to work and then she's going back home for the last month of her bonding time leave.

As for applying for all of this...here's what I've been told after speaking with the SDI people and the PFL people (PFL = Paid Family Leave/Bonding Time)

Apply for SDI 9 days prior to your due date.

Apply for PFL 4 weeks prior to your due date.

For PFL, keep in mind, if you are NOT also getting SDI (I am not getting SDI because you can't be paid 100% by your company and also get SDI benefits. My company has a 6-week extended sick leave policy which would overlap the SDI) there is a 7 or 5 day waiting period for the PFL payments to kick in- you will not EVER be paid for this week. It's very weird and makes NO sense, but it's what I've been told.

Also, just be prepared that it's the governmnet we're dealing with. I hear they are less than prompt in getting you your checks...slightly annoying

 Hope this helps!  

jkylie

I didn't have an issue getting checks. they were all issued promptly and rcd withing 3 days of the dates that the checks covered.

To PP asking about the 12 week of additional UNPAID leave beyond the first 12 (paid partial), those are not FMLA weeks, they are protected by the state of CA for bonding. Basically CALI law is way better than the Federal law and trumps it.

Also, your dr. should give you all of the paperwork. They know you are going to ask about it and are required to complete a section for you. Ask your dr. before the time gets here and they should be ready for it by about 35 to 36 weeks.