Working Moms

Will my doctor extend my Maternity leave?(advice leave)

Hi ladies,

I come from 0-3 months board and would like some advice please. I am due to return to work next month after my family leave is up. My job, however, is protected until August 4th with a doctor's note. My question is, do you think my doctor will put me out of work a few more weeks if I request it? I am not asking to get paid through disability at all because I in no way want to take advantage of the system. But if my job is protected, I don't see any harm in staying out on leave a few more weeks unpaid right?

I have my 6 week pp checkup today, and do you think my doctor will be able to do this? Or do I have to have a medical condition to be put out of work longer? TIA!

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Re: Will my doctor extend my Maternity leave?(advice leave)

  • I'm not 100% sure I understand the situation.  At present, you are covered under FMLA (12 weeks), and I'm assuming that runs out next month when you are scheduled to return to work.  I'm assuming since you mention disability that you are presently receiving it?

    It sounds like the extended leave of absence (paid or unpaid) would be due to a medical condition (hence the doctor's note), which you wouldn't have.  You'd be asking your doctor to do something very unethical, to claim you have a medical reason when you don't.  It also is actually taking advantage of your company's system, in that that option is there for a specific reason (medical) and you'd be using it just because you don't want to go back to work.


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  • Yes I am currently receiving disability covered by FMLA. I see what you mean though. I am disappointed because I want to spend as much time with my baby and hate to leave her. Thanks for your input!
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  • My understanding of FMLA is that its different from disability. I don't think you need a doctor's note to be out 12 weeks. FMLA coveres care for a family member.  You might want to talk to your HR rep about it. For my last two pregnancies I had the option of being out a full 12 weeks with my job protected. Good Luck.

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    M/C 2/16/10 at 9wks 5 days~ D&C 2/18/10
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  • imageCristine:
    My understanding of FMLA is that its different from disability. I don't think you need a doctor's note to be out 12 weeks. FMLA coveres care for a family member.  You might want to talk to your HR rep about it. For my last two pregnancies I had the option of being out a full 12 weeks with my job protected. Good Luck.

    this.

    FMLA is a law... allows you 12 wks leave (not paid leave, but leave) for maternity or family medical reason.   it's separate from your maternity/std coverage.   your disability coverage requires you to come back, most likely, 6wks post uncomplicated vaginal delivery, 8wks post section.   if you want more time off, unpaid, then talk to your HR dept to see if you qualify for extended, unpaid leave under FMLA.  you only need the note from your MD if you want to continue paid leave under your STD plan.  

    are you a teacher?  you may want to see how this covers your pay if you are paid 12 m vs 9m out of the year. 

  • so your job is protected until Aug 4th... is that a private unpaid leave granted by your employer?  for instance, with my second, I didn't qualify for FMLA. I had not been there a year yet or didn't work enough hours... or both.  I was part time and did not carry benes.   the clinic offered a medical leave of absence though... through their policy it was up to 6months but per department manager's clearance. She granted me 12 wks.  

    Does your employer need a reason to extend your unpaid leave?  I guess I just assumed you were a teacher based on the 'til Aug 4th... but suppose that could be another type of leave offered by your facility.  You should contact HR to see what you need.  Tell your OB about it... but until you have a clear need from HR I doubt he's gonna sign a script just because you want off b/c of the std.   

    with dd (#1, I worked full time and had benes) my ob had to sign a script to allow me back to work.  he signed mine for 8wks pp, b/c I had preeclampsia and had issues for weeks pp.   

  • To answer your basic question - no, your doctor will not write you out of work for no reason other than that you don't want to go back to work yet.  You need to have a legit medical reason to be written out of work. 

    If your doctor is smart, they'll know that writing you out of work for no reason is not only unethical, it's illegal and they could get busted for fraud. 

    Like others have said - FMLA is what protects your job for 12 weeks.  Short-Term Disability is what covers you for the standard 6 weeks.  So it sounds like your STD coverage is over now, but you can still legally take 6 weeks off of work unpaid and have your job protected.  You don't need a doctor's note for that.

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  • At my job I get 12 weeks FMLA as well.  But after FMLA runs out you have the option to take an unpaid leave of absence for 30 days... Your best bet would be to review the employee handbook/ talk to HR.
  • Thank you so much ladies. I just called my HR and they did tell me I need to have a medical condition for me to get a note from my doctor. Oh well, I decided to only work part time so I can be with my baby more.
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