Bedrest and FMLA

shivNY

I wanted to see what happened with other twin mommies.  If your dr. put you out on bedrest- did that time cut into your 12 weeks of FMLA leave at your job?

My job is saying it counts towards the 12 weeks, so if I went out 2 weeks before the babies were born I would only get 10 weeks with them.  Is this right?  What about moms who are out for half their pregnancies?

srh08.05.06

My doctor took me completely out of work at 31 weeks when I went on hospital bedrest.  For my work, I went on short-term disability, so it did not cut into my maternity leave.  I got paid at 100% of my salary until I delivered.  Then I got another 12 weeks of maternity leave paid at 100%.  

I was also on modified bedrest from 20 weeks until I was completely pulled out at 31 weeks.  During that time, I worked from home at least half the time.  When I did go into work, my company paid for my parking so I wouldn't have to stand on the train. 

I'm guessing every company has different policies though. 

DelaBella

It really depends on your company's policies. If your maternity leave is actually FMLA, then more than likely any time on bedrest would be considered part of FMLA.

acb+4

Like PP said,  if you are planning to use FMLA as your maternity leave, then the time off before delivery does count.  I have  a friend that works in a factory that requires lifting machine parts;  she had to use half of her FMLA time pre-delivery.  Many companies offer maternity leave that is not tied to FMLA as a perk for employees.  Double check on your companies policies.  Another difference between maternity leave and FMLA is that maternity leave is a perk that usually allows you to get paid while your out--FMLA does not--the company is only required to save you job until you return (though some offer part of full pay).

Breezy8407

Yes it did for me. My FMLA started when my bed rest started. I was on bed rest  for 4 weeks before the babies arrived. I asked for an extension of unpaid leave and am taking an additional 2 weeks or so, then using some PTO when I start back going a few days a week. 

I know my bosses would have been fine with giving me more time if I wanted, but then my benefits would no longer be covered, so I would have had to pay cobra for health insurance, and we can't afford for me not to work and have $1000's in new bills.  (I had to start back at least part time in July to avoid paying cobra for the month the way timing worked out for me)

GypsyEsq

My FMLA job protection and maternity leave benefit run concurrently. So yes, my last full time day in the office is this Friday and FMLA starts then.  Check if you an extend your leave beyond FMLA. I can but my benefits also stop so I will take some time unpaid and unprotected but my job will still be there for me. 

shivNY

Thanks, yes FMLA is my maternity leave- covered by disability, 2 weeks parental and then vacation.

It's such BS bc I have the disability benefit to go out on bed rest but if I do it eats into my total time of 12 weeks. HR said I can't take vacation after fmla to extend my maternity leave but I'm sure my boss would be fine with it if it comes to that. And I work for a well known women's cosmetics company- you would think they would have better policies then this! 

emilyec1

I haven't actually been on bedrest, but I've had several conversations with the H.R. department in case the scenario arises. In our company, short-term disability must be taken concurrently with FMLA. So if I go out on bedrest, my short-term disability starts at that time and the FMLA would start, too. It seems that other companies have less strict policies.

masked_rose86

I just lucked out.....I was taken off of work in November, and my company gives 12 weeks FMLA per calendar year.  It therefore did not cut into my 12 week FMLA for maternity.....well it sort of did since my girls weren't born till the 3rd week of January.  I ultimately decided not to go back to work (and informed the company a week after the girls were born when I was feeling over my head and had officially decided it was best to stay home).  But if I had gone back, I would have had to go back about 8 or 9 weeks later (I think the date was toward the end of March).

If the calendar year hadn't worked out like that, I probably would have eaten into most of FMLA since I went out at 27 weeks and delivered at 37 1/2) if I had decided to go back.  Luckily my husband carries our benefits so at least we didn't have to worry about that.  

I don't understand exactly how this would have worked since I obviously medically wouldn't have been cleared to work I imagine by 1 1/2 weeks postpartum (yes it was vag delivery but I had an episodomy and was still bleeding a lot until 4 weeks).  I don't understand how a company can lump all maternity issues together.  It really annoys me for people in our situation where bed rest is a very real possibility!!!!  

Jen0204

At my job FMLA and maternity leave run concurrently, but when I was taken out of work around 27 weeks they counted that as short term disability.  So I had 9 weeks of STD, 8 weeks of paid FMLA (due to a c-section) and 4 weeks of unpaid FMLA. 

I agree with PP and have no idea how this would have worked if my company made my 9 weeks of bed rest count towards my 12 weeks of FMLA.  They spent 9 days in the NICU, so that would have only given me 12 days home with them, and I certainly wasn't physically able to work at that point.

everam01

It should count toward FMLA in most circumstances. 

 

I was put out at 33 weeks but I spoke with my employer and was allowed to take another 12 after they were born. I wasn't protected under FMLA toward the end.  

sammyslick

My company policy for FMLA and STD sound much different from all of yours. FMLA is just a law that covers my job while I am out for a medical reason. STD will cover me for up to 180 days for a medical reason written out by my doctor. So, if I get pulled out of work at 30 weeks, I still get 75% pay until the doctor writes a note saying I can come back to work. It just has to be in a 180 day time frame, or 6 months.

Make sure ladies that there isn't a different in your policies as well. I thought I was only going to get 8 weeks STD for the C-Section Recovery, but if there is a medical reason for me to be out during the pregnancy, it is also covered by STD, and most STD policies have a maximum allowance, something like 180 days. 

americana

OP, that sounds right. My DH explored the FMLA and Short Term Disability coverage at his company in case he had to take time off as well. I on the other hand didn't have those options because the company I work at is less than 50 employees, meaning it doesn't fall under FMLA and we don't have short term disability. I was lucky my boss agreed to 8 weeks maternity leave. When I went into labor early the girls were in NICU for 9 days so I asked my boss to extend my time off to 10 weeks. He complied. I used all my PTO and then took the rest without pay. I was fortunate that my boss let me telecommute for two weeks before I went into preterm labor. Hopefully your boss is willing to give you some leeway. I'm only asking for 4-6 weeks max this time (but it's only one baby).

GypsyEsq

sammyslick:

My company policy for FMLA and STD sound much different from all of yours. FMLA is just a law that covers my job while I am out for a medical reason. STD will cover me for up to 180 days for a medical reason written out by my doctor. So, if I get pulled out of work at 30 weeks, I still get 75% pay until the doctor writes a note saying I can come back to work. It just has to be in a 180 day time frame, or 6 months.

Make sure ladies that there isn't a different in your policies as well. I thought I was only going to get 8 weeks STD for the C-Section Recovery, but if there is a medical reason for me to be out during the pregnancy, it is also covered by STD, and most STD policies have a maximum allowance, something like 180 days. 

that actually sounds exactly like what people are saying.  FMLA has nothing to do with pay. Some people have better pay benefits via STD (like you) and others have fewer weeks of available paid leave. In most cases FMLA job protection will run concurrently with your paid leave benefit. But also in many cases employers will not fire you in the day FMLA expires - it just means your job is no loner federally protected. 

cutebride73

I just met with HR today.  For me FMLA starts after I have used my sick/personal time.  I have about 30 days of that and afterwards FMLA starts.  If I have to go on bedrest ahead of time (or just can't work) I will have to have a dr. note and start using my sick time and then FMLA.  So, I can technically have 18 weeks off (sick time, plus FMLA) and still keep my insurance and my job.  It doesn't matter if it's before or after they are born, but I don't get more than what they allow. 

Technially, since I work at a school our contract allows me to take off 3 additional semesters unpaid and my job is still held, but I would have to pay the full premium to keep my insurance and we just can't afford to be without my pay for that long anyway.  So I will just be using my sick days and the majority (or all - depending on when they come) of the FMLA.  Days we have off - Thanksgiving break and Christmas break - don't count against the FMLA.   

Luckily, I only start back to work "officially" on August 20th and I only plan to work about 3 weeks (until I am 36 weeks) and then be off until Christmas.  If I don't start back at all I will still have enough time to make it until then, but it will be more days without pay.      

DoingItRight

For my company the bedest was considered part of the FMLA. I was taken out at 23 weeks. I had the babies at 30 weeks, but had to return back to work before they were out of the NICU. 

krismott25

I went out on disability at 17 weeks and I had to use my FMLA. The way my boss explained it to me was after I exhaust my FMLA, which obvioulsy already happened, she would get paperwork to fill out to hold my job or to replace me. She of course said she would hold my position and I didn't need to worry. This is something you should discuss with your boss and HR department. My STD was first denied (long story) but now that it's approved that is good until 6-8 weeks after the babies are born. So unfortunatly I have to go back to work earlier then I had planned. But I'm only going back part time.

shivNY

DoingItRight:

For my company the bedest was considered part of the FMLA. I was taken out at 23 weeks. I had the babies at 30 weeks, but had to return back to work before they were out of the NICU. 

 

That's terrible- I'm so sorry you had to go back so soon