Blended Families

any attorneys out there? or anyone know about FMLA?

My work is totally screwing me with my maternity leave so I'm trying to get a good understanding of FMLA and I'm actually legally entitled to. I know I can Google it and find some stuff, but I'm finding tons of things and was just hoping some of you had some first hand knowledge or experience or something for me! Thanks!

Re: any attorneys out there? or anyone know about FMLA?

  • Short Answer:

    worked there for a year and you get 12 weeks UNPAID leave and they have to hold your position/ or an equivelent.  After 12 weeks they don't ahve to hold YOUR spot but try to find you something similar.

    There may be some more guidelines depending on the size of your company.

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  • FMLA allows you to take up to 12 weeks a year for medical (unpaid) leave and still have a job to come back to. I'm pretty sure they have to continue your benefits also.. but you have to pay for them?

    However, your company has to have more than 50 employees and you have to have worked there for 1 year.  

    I'm also getting screwed for maternity leave, no paid time off.. and I'm not covered under FMLA since my company is less than 50 employees.  

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  • The size of your company is important.  I *think* the magic number is 50 employees within a certain mileage radius from where you work.  If you work for a small organization or at a small regional office for a larger organization, you *may* not be covered by FMLA.
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  • I've been here 5 years and don't use health insurance here (military benefits). Of course our company has only 49 employees, guess that puts them just within the legal limit to be a$$holes.
  • imageDREWLILY:
    I've been here 5 years and don't use health insurance here (military benefits). Of course our company has only 49 employees, guess that puts them just within the legal limit to be a$$holes.

    ditto pp's. Sorry Drew. It's 50 ppl. :-(

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  • imageDREWLILY:
    I've been here 5 years and don't use health insurance here (military benefits). Of course our company has only 49 employees, guess that puts them just within the legal limit to be a$$holes.

     That totally sucks.. what are your plans for maternity leave? Do you think they will fire you? that would be super shitty of them 

  • What defines an employee? Apparently we have 49 employees plus 3 contract employees...do they not count as actual employees towards the magic number of 50?

    My plans were to only take 6 weeks until they started being jerks about my hours when I come back. I have one week to decide what I want to do and sign a statement to it. I think they will fire me, my boss emailed me and said my options were to take 6 weeks and work part time when I get back or 6 weeks and work full time when I get back. She said they are not obligated to give me 12 weeks unpaid leave.

  • SWmamaSWmama member

    Ditto PP's but as a PSA it is important to know your rights regarding FMLA. I would also e-mail an HR rep (if you have one) regarding company policy surrounding FMLA.

    The company I worked for (the state of Texas) tried to tell me that I had to come back after 7 weeks because I had run out of PTO. I reminded them that the federal government allowed me 12 weeks so I was actually doing them a favor by returning after 8 weeks. I was also able to forward her (the program director) the e-mail from HR regarding my time off.

    Hope that Helps. Maternity/paternity leave in this country sucks!

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  • bancbevbancbev member
    Unfortunately contract employes don't count. 
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  • sprky79sprky79 member
    Contact your state's Department of Labor and ensure your state does not have different/better policies you can rely on.  The DOL can also address the contractor issue.
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  • imagesprky79:
    Contact your state's Department of Labor and ensure your state does not have different/better policies you can rely on.  The DOL can also address the contractor issue.

    THIS!

    I had to contact the EEOC for some shady business my job was pulling during my mat leave. ( replacing my job with a lesser experienced and lesser paid employee, essentially demoting me for no reason at all, even though I was actually up for a promotion) The EEOC actually refered me to my state department because CA has stricker mat leave laws than federal.

    Although, after months of anxious nights and b*llshit, I got a small settlement and a layoff slip. That was when LO was born, and I'm still unemployed.

    Sadly, in your case, you really need to decide if throwing a fit is worth it.  :(

  • imagesprky79:
    Contact your state's Department of Labor and ensure your state does not have different/better policies you can rely on.  The DOL can also address the contractor issue.

    Definitely this!

    I got an extra 4 weeks because of a state policy that my employer didn't even know about until I took my maternity leave.

    But honestly, if you can afford to quit, maybe you should? It doesn't sound like they're very family-friendly and when you have a little baby, tons of stuff can come up that might pull you away from work.

    Also, is working from home an option? Maybe they would allow you to work part time from home after 6 weeks?

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  • Felles, they won't allow me to work from home (even though I work for an internet based company!) and they will let me work part time but with all kinds of ridiculous stipulations. The attorney I spoke with yesterday says I may have a pregnancy discrimination case. I looked at FL Dept of Labor but couldn't find any loopholes to give me extra leave, maybe I'm looking in the wrong place.
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