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maternity leave

daniellec105daniellec105 member
in 2nd Trimester
I am so confused is the family leave act the same as maternity leave? My job is telling me I get 4 weeks before and 6 after. But I read the family leave act is up to 12 weeks. So I could possibly be out for 22 weeks?
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Re: maternity leave

  • M+K=3M+K=3
    The way i understand it is that FMLA protects your job for a total of 12 weeks. You get short-term disability for 6-8 weeks. 6 for vaginal delivery, 8 for c-section.
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  • melilanimelilani

     

    This is something shamefully I have yet to get to the bottom of. I'd love to know myself. I'm saving my vacay days as well as my sick days, but the FMLA also counts. Good question.

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  • DSteed-to-beDSteed-to-be
    FMLA allows you a total of 12 weeks.  If your job only allows you 10 weeks paid, 2 weeks would be unpaid, but if they are subject to FMLA laws (some companies are, some are not, depending on size, etc), then they have to let you take those 2 extra weeks if you want to and hold your job.  Beyond that, they have no responsibility to hold your job for you.  They also are not required to pay you at all under the 12 weeks of FMLA, but some companies do offer paid leave, for which the rest of us are jealous of you!
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  • TimsMayBrideTimsMayBride member

    FMLA is job protection for 12 weeks.  Someone correct me if I've gotten the facts wrong, but it only applies to companies with more than 50 employees, and you must have been at the job at least a year when it starts.

    This website might help.

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  • kristeljadekristeljade
    If you work for a company for which FMLA doesn't apply, be sure to check out your state's laws reguarding maternity leave.  I know in some states your job is still protected for at least six weeks, so don't panick right away!
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  • MrsAOMrsAO

    The FMLA is for job protection only, has nothing to do with pay.  Companies w/ 50+ employees must abide by the FMLA which means to guarantee your job and salary (or the equivalent) for at least 12 weeks.  After the 12 weeks the company has no legal responsibility to guarantee your job, although lots of companies allow more time w/o risk.  Additionally, different states, such as California, offer their own family medical leave that can be used in addition to FMLA.

    Any pay and benefits you receive while out is up to your particular company's policy and you need to find out what your company offers.  Some have short term disability, some just offer paid leave, some require you use vacation/sick time, or a combination of all three.

    ETA: Sounds like your company is saying they will pay you to be out 4 weeks before you delivery and 6 weeks after but you need to contact HR for clarification.

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  • dugan1001dugan1001

    The first thing I was ask is does your company qualify for FMLA? Not all companies/organizations do and therefore you might not qualify. For example, I believe the employer has to have more than 10-12 full-time employees in order for FMLA to exist. I work for a small non-profit and therefore the only time I get is what my employer is willing to give, short-term disability and then use any vacation or sick time.

    Start having these conversations as soon as possible with your HR and/or employer so you know exactly what you are dealing with.

     

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