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Anyone in HR? vacation before maternity leave?

peachypearpeachypear
in 3rd Trimester

Background: I get 12 weeks by FMLA. My leave is not paid. I must use up my sick time during leave, but I don't need to use up my vacation time (although I will anyway for the cash flow).

I really want to keep my leave for after birth so that I can get as much time with LO as possible before returning to work. I'm wondering if I can (1) take vacation time for a week or two before birth and not have it subtract from my FMLA time, or (2) take vacation for half my hours and work "half time." My boss would be cool with it, but she's constrained to what the department and organization policies are. I haven't asked my HR yet, because they are pretty hit or miss, so I thought I'd ask here first and find out if anyone has done this (or plans to) or knows whether it works with FMLA.

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Re: Anyone in HR? vacation before maternity leave?

  • madonnadouwannamadonnadouwanna
    I work for a 100 person sized firm and they would handle that case by case.  They are usually pretty cooperative since they prefer to be a family-oriented company.  Sorry it's not much help, but if I was trying to do something like that with my company, I don't think it would be a problem provided my boss was on board. 
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  • peachypearpeachypear

    imagemadonnadouwanna:
    I work for a 100 person sized firm and they would handle that case by case.  They are usually pretty cooperative since they prefer to be a family-oriented company.  Sorry it's not much help, but if I was trying to do something like that with my company, I don't think it would be a problem provided my boss was on board. 

    Awesome. This was exactly what I needed. (Basically, I just wanted to know if it was a big, fat NO). My employer is much larger, but they generally try to be family-friendly and leave decisions up to departments or supervisors.

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  • nicolehoppenicolehoppe

    Legally, you are entitled to the 12 weeks of unpaid leave.  From looking at the guidelines, pregnancy is not a medical condition where you are legally entitled to 'intermittent leave' or using vacation time to work half-time.  Certain illness or medical conditions do allow for intermittent FMLA. 

    BUT, just because the law does not entitle you to certain benefits does not mean that your employer cannot be more flexible and offer greater benefits than the law allows. 

    If your employer has to approve vacation time, they may not approve the weeks before your leave in addition to the twelve weeks FMLA.  Otherwise, I say try to take the vacation before your due date and then apply your 12 wweks FMLA.

    I would work with HR and get your paperwork submitted with your plans.  If your immediate boss is on board, it sounds like they will be more apt to work with you.

     

    GL!

    ***Disclaimer:  I am not in HR, but I have taken quite a few employment law classes***

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  • lam21575lam21575
    We are also pretty flexible at my company and would allow this as long as the employee's manager approved. But, unless you have a scheduled csection, how are you going to plan to take vacation 1-2 weeks before birth when you will have no idea when you will go into labor? Are you comfortable taking more vacation than expected if you are overdue? That would be the only thing you may want to think about if you are trying to save some vacation to be paid while on FMLA. HTH!
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  • 2007wife2007wife

    You should be able to. Just put in for x weeks of FMLA (up to 12) then take vacation time.

    That's what I am doing. I get 8 week of full pay, then I'll take 4 weeks unpaid followed by 2 weeks of vacation. 

    Not sure that you can take vacation/pay in the middle of FMLA as it will be accounted for differently. Check with you're HR. 

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  • peachypearpeachypear

    Great, thanks everyone! It sounds like taking vacation pre-birth shouldn't subtract from my FMLA time as long as I get approval. I don't even need to go through HR for vacation approval, which will make it sooooo much easier.

    imagelam21575:
    Are you comfortable taking more vacation than expected if you are overdue?

    Yes, this is an excellent point, and DH and I have considered it.

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