wasn't there an FMLA/disability post recently?

mamam

I can't find it.  I met with HR today and they gave me some paperwork.  It said once you hit 12 weeks LOA you are terminated (and used the words involuntary resignation).  I'm going to ask more about this tomorrow, but it sounded automatic and I'm freaking out by the fact that my OB said I'll be out of work sometime between 28-32 weeks.  If I don't end up delivering until 38 weeks and by c-section, it still goes past 12 weeks best case scenario.  

I'm already so uncomfortable and now have this pressure to talk the OB into letting me stay longer and jeopardize babies health.  I'm not sure what to do.  

PMBridetobe

Your job is only protected for 12w and then it is not. Unless you live in a state that has better rules than the Feds.  Can you negotiate a LOA after FMLA?

twinsmom23

You can be disabled for more than 12 weeks,  I think what HR was getting at is if you are no longer considered disabled byyour doctor then this can be a problem.

ahava2005

No, FMLA only protects up to 12 weeks.  You can be on disability longer, but they can still fire you.  Unless you live in a state (MA or CA) that has its own separate maternity leave act.

 I went through this when I was put on disability at 20 weeks.  My FMLA was going to run out before I had my babies...luckily (or not) for me, they came 10 weeks early and my state's maternity leave kicked in, so I still had job protection.  Otherwise, they could have fired me while I was out on disability. 

Talk to HR and see if there is anything that can be done. 

Ruby_Tuesday

ahava2005:

No, FMLA only protects up to 12 weeks.  You can be on disability longer, but they can still fire you.  Unless you live in a state (MA or CA) that has its own separate maternity leave act.

 

This is correct.  You need to talk with HR and your boss and explain that you will likely be taken out of work by x week and if you have a c-section you will be unable to return until x.  Ask them now what they plan to do if that happens.  They might be understanding to your situation.  I would most definitely try to get some employer flexibility before asking my ob to work longer and possibly jeopardize the health of me and my babies.

ervin412@gmail.com

That happened to me. My FMLA ran out the DAY AFTER I had my girls. I went to talk to my boss when my girls were 2 weeks old and she told me I didn't have a position to come back to.

The irony of it all is that I work as an RN on a MATERNITY floor. 

 ETA: Here's the link to my situation:  https://community.thenest.com/cs/ks/forums/thread/35894410.aspx

Dec31stBride

Definitely talk to your immediate supervisor and HR. Here are a few things to consider discussing -

Is there any way to modify your duties so that you can work from home or reduce activity and/or hours instead of taking super early leave?

Talk to your doctor about the decision to take you out of work - I was initially "warned" that my drs put most women with multiple pg on at least modified bed rest at 28 weeks. Since I had no medical complications, this never happened. If things go well, you might not even have an issue.

If you have a short-term disability policy that runs concurrently with FMLA (like me) - they won't even approve a claim at 28-32 wks unless there are medical complications (high BP, preterm labor, etc.). A multiple pregnancy was not enough for me to go out at even 34 wks. My policy allows leave without question at 36 weeks for any pregnancy. 

Try not to stress out, take breaks, and hold out as long as you can to preserve your job and benefits! 

mamam

Thanks ladies.  I am in CA so that's why it was such a surprise to be hearing this.  I researched CA law more and than talked to HR.  Turns out my packet is the "standard packet" given to all employees across the U.S. and CA law applies.   

I'm still surprised they wouldn't have a CA version when corporate is in CA, but what do I know.