Washington state FLA versus FMLA

opaque1997

So .. I'm not sure if anyone has looked into this: 

http://www.lni.wa.gov/WorkplaceRights/files/FamilyLeaveFAQs.pdf

 

I'm in a situation in which I'd like to stay home for 4 months if at all possible and how I'm reading this document I'm protected and allowed to do as such in the state of washington.  Another complicating factor is if I have to leave early due to medical issues (at this point it looks like I'm ok - but I have hydronephrosis of the kidney (me not LO) and the baby could shift back over and cause me issues at any time)

I just had a convo with my director and she is trying to say she has to approve the time out - but how I REad the above - thats not true at all.

 

Anyone else have any information? 

Kathzoo

In my experience, your job will be protected for 18 weeks 20 for a cesarean as long as you are eligible for FMLA. All leave is unpaid unless you have paid leave available through your employer.

oliversmommy32912

Kathzoo:

In my experience, your job will be protected for 18 weeks 20 for a cesarean as long as you are eligible for FMLA. All leave is unpaid unless you have paid leave available through your employer.

That is what I understand as well as long as you have been at your job at least 12 months and the company has over 50 people. It is my understanding that FLA starts after FMLA is exhausted. If you are being put on pregnancy-related disability you will likely get all the time you need for disability before the baby is born plus 6 weeks after the birth for recovery (or 8 weeks for c section) under FMLA. Then you should also get an additional 12 weeks under FLA for mother-baby bonding. At my company they do not pay for health insurance during that time so if I wanted to keep my insurance I would have to apply for COBRA. I don't think your boss has to clear anything as far as leave goes if you meet the requirements. Of course you have to notify them, they just can't deny you the leave you are entitled to. Just a warning though....they are not obligated to save your actual job, just an equivalent job with equal pay. 

I suggest talking to your HR department if you have one for them to clarify all of this for you. 

captnoodle

oliversmommy32912:

Kathzoo:

In my experience, your job will be protected for 18 weeks 20 for a cesarean as long as you are eligible for FMLA. All leave is unpaid unless you have paid leave available through your employer.

That is what I understand as well as long as you have been at your job at least 12 months and the company has over 50 people. It is my understanding that FLA starts after FMLA is exhausted. If you are being put on pregnancy-related disability you will likely get all the time you need for disability before the baby is born plus 6 weeks after the birth for recovery (or 8 weeks for c section) under FMLA. Then you should also get an additional 12 weeks under FLA for mother-baby bonding. At my company they do not pay for health insurance during that time so if I wanted to keep my insurance I would have to apply for COBRA. I don't think your boss has to clear anything as far as leave goes if you meet the requirements. Of course you have to notify them, they just can't deny you the leave you are entitled to. Just a warning though....they are not obligated to save your actual job, just an equivalent job with equal pay. 

I suggest talking to your HR department if you have one for them to clarify all of this for you. 

 

All of this. And sorry about the hydronephrosis! I had that with my DD and it was awful. Do you have a nephrostomy tube? It sucked, but I was able to work up until 39w and was induced the next day. Good luck! 

opaque1997

Thanks!  Things have calmed down a little and I've notified HR - Next week I can file for my time off through LOA - one of the gals 3 weeks ahead of me just got approved for the full 18 weeks out so I'm confident I'll have the time I want.

In my position - though they could give me an equivelant job instead of my job - its unlikely.. I built my job from the ground up - they are more concerned how they will manage with me out.

 

As far as the Hydronephrosis - I've been able to avoid the tubes - I  have sometimes up to five days where I can stay out of massive pain (sure I'm still 34 weeks pregnant and ache and hurt - but as you know the kidney pain is a whole different ball game).  I'm seeing a chiropracter and massage therapist once a week - I was seeing an acupuncturist when it was really bad.  I ice every morning and my OB thinks that is what has helped keep her off my right side - I have a definite lopsided bump to the left lately.  It sucks though - and I'm always greatful for woman who have had it because those who haven't just honestly don't understand.  either people are over the top concerned or the other way - they think I'm over reacting when I'm in pain.  six more weeks...

(I apologize for my spelling errors - I know they exist..)