FMLA help

~Brittany&Dusty~ · October 2009

I'm so confused on this, my HR dept is saying one thing and my dr's office is saying something totally different.

According to my ob's office, they will not fill out the FMLA paperwork until after the baby is born. Well my HR dept says that they should fill it out now, especially if I want to take off early 2-3 weeks before my EDD. It's completely okay with my employer if I decide to leave early, as long as my FMLA is filed. I will not receive maternity leave compensation from my work, so its basically depending on when my FMLA paperwork is filled out.

This is why my HR dept believes that they should fill out the paperwork now, according to the FMLA law, but my ob's office is still adamant about waiting:

LEAVE ENTITLEMENT

A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

? for the birth and care of a newborn child of the employee;
? for placement with the employee of a son or daughter for adoption or foster care;
? to care for a spouse, son, daughter, or parent with a serious health condition;
? to take medical leave when the employee is unable to work because of a serious health condition;

Under some circumstances, employees may take FMLA leave intermittently ? taking leave in separate blocks of time for a single qualifying reason ? or on a reduced leave schedule ? reducing the employee?s usual weekly or daily work schedule. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer?s operation.If FMLA leave is for birth and care, or placement for adoption or foster care, use of intermittent leave is subject to the employer's approval.

?Serious health condition? means an illness, injury, impairment, or physical or mental condition that involves either:

Continuing treatment by a health care provider, which includes:

(1) A period of incapacity lasting more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also includes:

? treatment two or more times by or under the supervision of a health care provider (i.e., in-person visits, the first within 7 days and both within 30 days of the first day of incapacity); or

? one treatment by a health care provider (i.e., an in-person visit within 7 days of the first day of incapacity) with a continuing regimen of treatment (e.g., prescription medication, physical therapy); or

(2) Any period of incapacity related to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; or

littlemaybaby · October 2009

I'm confused about what part of the forms your doctor has to fill out for you. FMLA covers a lot of leave - including leave for fathers, leave if you adopt a child, etc - none of which would involve a doctor filling out part of a form. For STD, I understand - because your doctor has to certify your disability - but it doesn't seem like there would be much your doctor has to do for FMLA.

ETA: Now that I re-read, is it possible your doctor isn't willing to consider you as being in a "period of incapacity" until after the birth?

k.linn · October 2009

My doctor filled out my FMLA paperwork for me when I was about 29 weeks. He listed my estimated due date on all of the forms, and wrote the desired # of weeks I'll need off. I have a second round of paperwork that he'll fill out after the baby is born.

mayowife · October 2009

The only thing I can think of is that your doctor does not consider time off prior to the birth of your child medically necessary at this time.

madhatter2003 · October 2009

Your OB may not realize you plan to take off early...most will wait until you are actually in medical need of being off work before they'll fill stuff out.

gniddew · October 2009

DH had to have this filled out for his employer and I was very surprised the doc's office was willing to do so before the baby's birth. As an attorney, I would advise my doctor clients not to fill out official paper work listing a date of incapacity in advance - seems dicey. I guess what I am saying is, it stinks, especially because your work wants the paperwork now, but your doc is acting ethically (IMO) by refusing to sign his name to something that is still conjecture.

kcisthebombdotcom · October 2009

Many doctors will not fill out FMLA paperwork prior to your due date as they can't predict with any accuracy the exact date your baby will be born. If you go into labor at 36 weeks and they put you out of work 2 weeks before your EDD that paperwork isn't valid, hence why they don't do it ahead of time.

Dr is right on this one.

farras · October 2009

Hmm, I was unaware there was FMLA paperwork to fill out. I hate STD paperwork but nothing for FMLA. Thanks I guess I need to check on this!

~Brittany&Dusty~ · October 2009

KC_13:

Many doctors will not fill out FMLA paperwork prior to your due date as they can't predict with any accuracy the exact date your baby will be born. If you go into labor at 36 weeks and they put you out of work 2 weeks before your EDD that paperwork isn't valid, hence why they don't do it ahead of time.

Dr is right on this one.

Ok, I understand this, and agree with you.. my question now is that my HR dept is saying because I am going to the dr every week and not able to make my 40 hours, that the FMLA should be filled out so that it covers me when I am not at work and I can still keep my benefits even though I technically am not working my full 40 hours a week. But wouldn't a dr's excuse cover me since my absence would be excused??

Want a personalized experience?

FMLA help

Re: FMLA help

Choose Another Board

Search Boards