doctor note and maternity leave

sugar212

I have posted here a few times regarding my new job at a small company. I started my job in January at about 16 weeks pregnant, and work for a very small company (about 17 employees). For these reasons, I knew going into it I would not qualify for FMLA. The company really didn't have a maternity leave plan and asked me what I wanted, I told them 8 weeks off, but then recently told them I could take less time off full time and work opposite my husband for awhile (awhile meaning a few months and they knew this). My husband works 12 hour days and 3 on 2 off so I thought it would make more sense financially. Well today I finally got something out of my boss for what they can do for me (only 4 months later, I should have had this figured out before I even accepted the job). They can "accommodate" me for 3 weeks full leave then 3 weeks opposite my husband. I told him that her daycare won't take her before 7 weeks (which is true) and he said "fine, I didn't know that". I was practically in tears, this is not at all what I want. I had an appointment today so I asked my doctor about this and she gave me a note for 6 weeks off and said it was just like any major medical condition and said I would not be ready to return to work that soon. I would be sleep deprived, have a nursing baby that wants to eat every 2 hours meaning I would have to pump often, etc. My question is, will the doctor's note mean anything to my employer or can they tell me they can't accommodate me and it be legal? I do not have short term disability. 

portentosa

I don't know how exactly small employers work, but a doctor's note saying you can't go back before 6 weeks PP SHOULD be sufficient. The standard time off work given by doctors is 6 weeks for vaginal delivery and 8 weeks for a c-section. Your boss should honor the doctor's note, because you will NEED that time.

financialdiva

Your employer has no obligation by law to hold your job for you. You can give your boss the note and if he says yes to 6 weeks off, he's being generous. If he offers you less, and you need the job, there really isn't much you can do.

Sorry you are going through this. :[ I hope he comes back with a good plan.

LoCarb

financialdiva:

Your employer has no obligation by law to hold your job for you. You can give your boss the note and if he says yes to 6 weeks off, he's being generous. If he offers you less, and you need the job, there really isn't much you can do. Sorry you are going through this. :[ I hope he comes back with a good plan.

Exactly this.

st.augbride

Wow, I don't know but I'm so sorry. That is ridiculous. Asking you to spend any less than 6 weeks with your baby is just wrong IMO. I am assuming you need this job and can't look elsewhere? I just feel like they are taking advantage. I am so fed up with this country's lack of respect for families' needs. It is a real problem. You need to fight with your doctor's note for those 6 weeks, and it should be 8 if you have a c-section. Even the military grants this.

mommymegan831

I find the posts that agreed if the boss allows 6 weeks he's being generous kind of offensive.  He's being a jerk to put it nicely.  There's alot more to having a baby than just a medical procedure.  It really sucks that when women need time off to set up things with the family we're put in a position where we need to be asking like we're looking for favors.

Mustardseed2007

Well the boss is being generous in that he doesn't have to hold her job for any amount of time anymore than he has to hold a job for someone having heart surgery.

The amount of time is unrealistic for the procedure she is undergoing. But he doesn't have to give any amount of time. 

Also, it sounds like this boss may not be too familiar with child care and medical recovery associated with birth. I mean, he may not have thought about it before and may be willing to do more than he has offered thus far. But nothing says he is obligated to do so.

If he wants to keep you, though, he'll work around you. If he doesn't well...you can't help that. For better or worse it's the American way.

sugar212

we talked today, and I still am not getting 6 weeks, but I am getting 4 plus 3 weeks (with only really working 7 days in those 3 weeks) and my husband will be home the days I am not. I obviously will not tell my boss this, who keeps telling me he really wants to keep me, but we are seriously thinking about me not working after the baby is born. with the cost of daycare, and other things I can do (freelance, I am an independent consultant for a well known company) to make money, it just might be the better option. 

lollipoppoop

sugar212:

we talked today, and I still am not getting 6 weeks, but I am getting 4 plus 3 weeks (with only really working 7 days in those 3 weeks) and my husband will be home the days I am not. I obviously will not tell my boss this, who keeps telling me he really wants to keep me, but we are seriously thinking about me not working after the baby is born. with the cost of daycare, and other things I can do (freelance, I am an independent consultant for a well known company) to make money, it just might be the better option. 

Your boss sounds like a jerk.  I hope mine doesn't react that way.