Can I take FMLA early??

rwri10

Wondering how early you can take FMLA, is this something you normally work out with your employer? Or if it's something you need to have a medical note for. I am not planning on coming back after (besides 2 weeks so insurance pays)

I'm at 33 weeks.. I've been 100 percent miserable at work with back pain for 10 weeks now and morning sickness still every morning. When I went to OB today I was really hoping she would write a note for my back but she says back pain is a normal symptom of pregnancy so she won't do anything. I get this but I am in tears driving home every every other night from work because it is so bad.. and would be so happy to be done. I just don't know if FMLA allows you to take leave early if you don't have a "good" reason/ doctors note....

Janimal

To qualify for FMLA you need a medical provider to say it is medically necessary.  Sorry.

Skibunny07

Unfortunately FMLA is for medical leaves that can be verified by a medical provider. If your doctor will not write you out of work then you will not be able to take FMLA leave. Does your job allow you to work from home? Can you see if your job will aloow you to do that? Even if it is just a couple of days a week? If not look into ergonomic adjustments. I was having back issues at work as well. I had to request to have my keyboard lowered becuase it was too high. I also had them provide me with a foot rest. I also bought my own back support for my work chair as well as my car ( I have a really long commute). I also have a pillow at my desk that I sit on some times when my tailbone starts to hurt. I still have pain but it is more manageable then it was previously. See if there is anything that can be done at your desk to help ease some of the pain. 

mmbaby32

You will need a note from the doctor.  I've already tried.  My doctor said it's normal to get swollen ankles, well mine are gigantic and is very uncomfortable at work.  I'm also not coming back, so I just gave my resignation date about 3 weeks before my due date because I can't stand being here anymore and being pregnant!

sunflwr2

FMLA is to care for someone else (example a newborn)
Short Term Disability is to care for yourself, so you would need a note from your doctor stating a medical reason why you are disabled and need to be signed out of work, which would be short term disability, not FMLA, as far as i'm aware.
I spoke to my doctor about this and he said as i'm closer to my due date end of august early september (i'm due sept 14th) he would have no problems signing me out if I felt I couldn't make it through work.  If you really aren't feeling well, your doctor will probably be okay with signing you out.

Janimal

sunflwr2:

FMLA is to care for someone else (example a newborn)
Short Term Disability is to care for yourself, so you would need a note from your doctor stating a medical reason why you are disabled and need to be signed out of work, which would be short term disability, not FMLA, as far as i'm aware.
I spoke to my doctor about this and he said as i'm closer to my due date end of august early september (i'm due sept 14th) he would have no problems signing me out if I felt I couldn't make it through work.  If you really aren't feeling well, your doctor will probably be okay with signing you out.

This isn'tr quite accurate.

FMLA is for job protection.  Short Term Disability is insurance to pay for lost wages, and has nothing to do with job protection.  If a person qualifies for STD, then they may apply for FMLA to run at the same time in order to get job protection.

In order to qualify for FMLA, you need a medical provider to give a reason for doing so.  There isn't a way around this -- unless you go find a new Dr.

sunflwr2

Janimal:

sunflwr2:

FMLA is to care for someone else (example a newborn)
Short Term Disability is to care for yourself, so you would need a note from your doctor stating a medical reason why you are disabled and need to be signed out of work, which would be short term disability, not FMLA, as far as i'm aware.
I spoke to my doctor about this and he said as i'm closer to my due date end of august early september (i'm due sept 14th) he would have no problems signing me out if I felt I couldn't make it through work.  If you really aren't feeling well, your doctor will probably be okay with signing you out.

This isn'tr quite accurate.

FMLA is for job protection.  Short Term Disability is insurance to pay for lost wages, and has nothing to do with job protection.  If a person qualifies for STD, then they may apply for FMLA to run at the same time in order to get job protection.

In order to qualify for FMLA, you need a medical provider to give a reason for doing so.  There isn't a way around this -- unless you go find a new Dr.

oh!  this makes sense! 

Bella Bleu

I was hoping for the same thing and discussed it with one of the MWs at my last appt. Not only are the physical ailments of pregnancy really difficult for my but the stress of my job and job situation are seriously affecting my health and state of mind. She was not at all sympathetic and now I'm worried I'll be working till I'm in labor or get fired.

txbabs111

sunflwr2:

Janimal:

sunflwr2:

FMLA is to care for someone else (example a newborn)
Short Term Disability is to care for yourself, so you would need a note from your doctor stating a medical reason why you are disabled and need to be signed out of work, which would be short term disability, not FMLA, as far as i'm aware.
I spoke to my doctor about this and he said as i'm closer to my due date end of august early september (i'm due sept 14th) he would have no problems signing me out if I felt I couldn't make it through work.  If you really aren't feeling well, your doctor will probably be okay with signing you out.

 

This isn'tr quite accurate.

FMLA is for job protection.  Short Term Disability is insurance to pay for lost wages, and has nothing to do with job protection.  If a person qualifies for STD, then they may apply for FMLA to run at the same time in order to get job protection.

In order to qualify for FMLA, you need a medical provider to give a reason for doing so.  There isn't a way around this -- unless you go find a new Dr.

oh!  this makes sense! 

FMLA can be taken for yourself. From the US Dept. of Labor's site:

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

• for the birth and care of the newborn child of an employee;
• for placement with the employee of a child 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.

 

But yes, like PP said, your doctor must provide medical proof and it does not provide any pay, just job protection. 

alliapistor

In addition to what others have said - if your doctor does write a note for you, remember that you only get a maximum of 12 weeks. So if you take off now at 33 weeks and baby comes on time, you would have to go back to work leaving a 5 week old at home.  If baby comes late, you would have even less time before you had to go back to work.

I would also note that employers may require a report on your status and intent to return to work after your leave.  If you have no intention of coming back to work, it could effect your eligibility for FMLA. 

kjg5445

if you take your FMLA now, you wont be able to spend much time with your baby. wouldnt you rather suffer now and have the fruits of 12 weeks with your baby later? I would have given anything to have a full 12 weeks with my son, but i was put on bedrest at 32 weeks and i wasted 5 weeks of FMLA/STD sitting on my butt waiting on my baby and i got 7 weeks with him =( it was heartbreaking leaving my newborn!

katxattack

You need to really express your pain and suffering to your doctor. Maybe I am just lucky, but in CA, we can take up to 7 months if deemed medically necessary and you are 'disabled'. I started 3 weeks ago due to bad back pain and being unable to do my job, without fear I was going to hurt myself.

I'll still get state disability post birth, and I can still take FLMA...

rwri10

Thanks all... my HR girl said if a doctor recommends that I take time off from work then they would count that as FMLA.. I am going to talk to her tomorrow to find out more...

My boss all along has been saying oh you'll be out for the whole last month for sure.. so I guess that made me think you could decide when to take it.

I am not planning on coming back (like I said) so it wouldn't matter time lost with LO... My boss has said I just need to come back for 2 weeks (give my notice then) so that insurance pays for everything.

fancefpp

rwri10:

I am not planning on coming back (like I said) so it wouldn't matter time lost with LO... My boss has said I just need to come back for 2 weeks (give my notice then) so that insurance pays for everything.

 are you talking about STD or health insurance?  i might not be going back either but i'm not 100% sure. We are going to see how it goes, but  i get STD for 6 weeks and unpaid for 6 weeks.  I'm not sure when i would give my notice, but i don't want to be stuck owing money for the STD

kjg5445

rwri10:

Thanks all... my HR girl said if a doctor recommends that I take time off from work then they would count that as FMLA.. I am going to talk to her tomorrow to find out more...

My boss all along has been saying oh you'll be out for the whole last month for sure.. so I guess that made me think you could decide when to take it.

I am not planning on coming back (like I said) so it wouldn't matter time lost with LO... My boss has said I just need to come back for 2 weeks (give my notice then) so that insurance pays for everything.

doh im sorry i missed that you said you werent returning. hmm yeah i'd maybe talk to your doctor again! it cant hurt right? =D