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3rd Trimester
OMG i may lose my job!!!! NEED advice!
So i have FMLA time for hyperemesis(nausea and vomiting) ive used it sporatically since July....Yes im sick ALOT!!! Anyway im a part time worker (25 hours a week). your allowed 12 weeks FMLA time and ive barely used half. So anyway its now Jan and im leaving for maternity disabilty next week. i was just told that though i am entitled to the disability i am no longer protected by my FMLA cause as of now i have not worked 1250 hours in the last 12months. I had no idea this could happen. I have always been told yes you are entitled to the 12 weeks and each time i have called in for the intermittent time i have been reassured this. I opened my disability claim last week cause im getting ready to leave and just got a letter that Im not longer approved cause i know longer have 1250 hours in the last 12 months! they could fire me tommorow!!! Im scared to death. though i have 25 days sick and vacation that wouldnt even last to the due date if i use it. What would you do? I had no idea 1250 hours was a requirement when they granted me the part time hours. i secretly wonder if they convienently didnt remind me of this so they could fire a pregnant woman who im sure they think will not come back to work. I mean why pay disability when many women end up not coming back ( and i am not sure if i will) but needed the option to come back in may if we were having trouble. Please help! Anyone go through this?
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Re: OMG i may lose my job!!!! NEED advice!
I am sorry you are going through this.
I just wanted to say that I terminated an employee for excessive absences who wasn't protected by FMLA and even though he clearly had excessive absences, he was still granted unemployment benefits. At least in my state, the unemployment office is very pro-employee so hopefully you can at least collect some benefits until you figure something else out.
Again, I'm so sorry. Good luck!
How much do you have to make up? Can you make it up between now and your EDD?
1250 hours in 12 months is 50 weeks at 25 hours a week. There are only 52 weeks in a year so, essentially, you could only miss 2 weeks (50 hours) a year and still qualify for FMLA.
ETA: Which, by the way, sucks. I know that there is a reason for it (to avoid abuse by employees, etc) but I thought if you worked part time there was a different threshold? That's too bad your employer didn't mention it in the beginning. (I meant to include all this in my original post, but got distracted, lol)
I was advised by our personnel office not to start maternity leave until the baby is born, but iam a full time employee. What they also advised me to do is to save my paid leave until I take FMLA, and then when I file my time card every 2 weeks to file 1 day as 8 annual leave. That way they cannot terminate me.
If I where you, and your only option was not start FMLA till LO gets here, then I would do that. It might just save you your job!
Created by MyFitnessPal - Free Calorie Counter
"><a href="http://www.myfitnesspal.com/weight-loss-ticker"><img border="0" src="http://tickers.myfitnesspal.com/ticker/show/825/1820/8251820.png" /></a><p style="text-align:center;width:420px;"><small>Created by MyFitnessPal - Free <a href="http://www.myfitnesspal.com">Calorie Counter</a></small></p>I'm confused as to why FMLA was applied for your medical condition. As it was unrelated to the care of a family member, wouldn't that fall under some sort of medical absence or disability?
I'm sorry for what you're going through. Unfortunately I don't know of any notice requirement under FMLA that you could claim they failed to meet... You might have to work up until the birth. Maybe you can convince your employer to work out a deal?