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February 2011 Moms
Family/Maternity Leave when employed less than 12 months?
So, I just spoke to my HR office, and because when I go out for maternity leave, I will have only been employed for 10 months, I don't qualify for FMLA or NJFLA (which I understand are just job security, not financial benefits). We don't have any additional maternity/family leave policies at our office, so I would be able to do disability (6 weeks), but then I would be expected back to work.
Luckily I have a boss (and a boss's boss) who are awesome, and think that I should be take the full 12 weeks, and would support me on that. But we're trying to find ways to convince HR.
What are the maternity/family leave policies at your places of employment, specifically for employees who have been there less than 12 months. Do you have a maternity leave policy that is different than FMLA? I'm not even looking for a paid leave, just the ability to take an additional 6 weeks (which I believe I would then be able to apply for NJ Family Leave Insurance).
Thanks!
Proud Mom to Sharkey - 2/17/11 8lbs 7 oz
This discussion has been closed.
Re: Family/Maternity Leave when employed less than 12 months?
BFP # 1 - 12/19/09 EDD 08/27/10 - D&C 1/26/10 @ 9w5d
BFP # 2 - 06/05/10 EDD 02/17/11, DS1 born on 2/14/11
BFP # 3 - 04/10/13 EDD 12/21/13 - D&C 05/15/13 @ 8w4d
BFP # 4 - 07/27/13 EDD 04/08/14 - CP 07/29/13
BFP # 5 - 09/14/13 EDD 05/28/14, DS2 born on 5/22/14
TTC #1 - May 2010 - IUI #3: BFP
TTC #2 - May 2012 -IUI #2: BFP
I doubt her friend went into this blind. I would say the friend(and boss) knows what she is doing as far as her benefits go. And her seniority may not disappear. Seniority may not even be an issue in her position- wasn't in mine. As far as the "rehired" part it all comes down to if she trusts her company. If I was still at my previous position I would have felt very comfortable doing something like that if it was needed.
1. Just because her bosses are okay with it, doesn't mean HR will ever get on board. Sometimes once you start making an exception for one person than everyone wants to be considered an exception than your policy in place goes out the window. For example, if you friend is White and their boss and HR agree to 12 weeks and then 3 weeks later a Black lady requests the same and they deny her. She can file a discrimination claim against the company. It is always best to stick to the policy.
2. Regarding another poster saying their friend worked out a deal to quit and be rehired! OMG! I can't believe you would even agree to that. a) I hope they are not on her insurance for baby delivery or you are screwed. b) In an economic time as this when people are looking for excuses to get rid of people easily, I would not be okay with this. c) I hope you have this in writing!
I do think if she didn't have any benefits through the company, there is no reason to fire and rehire the person.
She is getting re-hired. I do think that in some places, it could potentially get ugly, but they have put it in writing that she is getting re-hired. She is also going to have COBRA through our insurance plan, so she isn't getting kicked off. I think she's only taking 8 weeks though - I want to say that's how long she would be able to do that and stay covered. Also, they are not changing her anniversary. Really, it has the potential to be a crappy situation if your boss and other superiors (and HR Dept) are not willing to work with you, but it seems like at my work they are.
BFP # 1 - 12/19/09 EDD 08/27/10 - D&C 1/26/10 @ 9w5d
BFP # 2 - 06/05/10 EDD 02/17/11, DS1 born on 2/14/11
BFP # 3 - 04/10/13 EDD 12/21/13 - D&C 05/15/13 @ 8w4d
BFP # 4 - 07/27/13 EDD 04/08/14 - CP 07/29/13
BFP # 5 - 09/14/13 EDD 05/28/14, DS2 born on 5/22/14
I hope she looked into how much COBRA costs out of pocket. It is quite a sticker shock and with the loss of an income AND the extra cost it is staggering and with delivery cost its a bad situation.
Original poster I am glad you have a place that is so great with working with you! I will be taking 6 weeks then I have to return because there are only two people in the office I work in directly.
If your bosses are ok and they won't fire you then you should be able to go, I don't think it is HR's decision to fire you, it would be your bosses.
Other than that I can't help I am going out on FMLA for 12 weeks and have enough accrued vacation and sick to be paid the whole time, woohoo!
I am sure all workplaces are different but getting fired would scare the crap out of me.
I teach at a small private school for children with autism and FMLA doesn't apply because we don't have the required amount of employees.
There are currently 3 of us that are pregnant, and while our administrator started out telling us the whole "you'll be fired, then rehired", they've now changed their story. We will be fired and if there is a spot they will let us come back. They say six weeks is too long to hold a spot open, even though my co-worker is due the day before Christmas break and would only be missing 3 weeks. And I have insurance through my husband, so it's not like they'll have to pay that.
It really sucks, especially when you consider they wouldn't be doing the same thing to someone who needed surgery or had other medical problems. Ughh.....
To the OP, try and look at the brightside, even if you don't get 12 weeks, at least you're getting some maternity leave/
I happen to be in HR at the company I work for. So here is the low-down on how our company's procedure policy works. If you have at minimum 12 months/1 year then you are entitled to 8 weeks on maturity leave at 60% pay. This does not require you to use your accrued time either in sick-leave, or vacation unless you want that time off also. You do get 12 weeks if you have a c-section otherwise you must if you want the 12 weeks they have to be taken as sick-leave, vacation and/or LWOP.
The policy provides for this - if this is what you want. To use vacation as well as sick-leave then you can do so. This should be approved either in advance with your supervisor or called in sometime with the first six weeks on maturity leave - so it can be approved by your supervisor or manager.
If for any reason this is not taken care of in this six week period then it is assumed you do not want the extra time and will return the first day in week nine. If you do not return on the first day in the ninth week then it is also assumed you have terminated without notice. Your job will be offered/given to the temp we hired during your absence if that was done. You will not have any rights to that job later unless we see a need to rehire you. If this takes place then you start all over building your seniority.
Now for those who do not have the required 12 months/1 year seniority - they can take up to 6 weeks maternity leave or the 12 weeks if a c-section was preformed. Their job will be waiting if they return at the beginning of week 7 or 13 as the case might be. The time off is without pay unless they have some vacation and/or sick-leave accursed for this purpose. In some cases however monetary value is available through both un-employment and/or workman's comp - but not always, individual circumstances dictate this.
In most cases management, supervision, leads, or those over an employee try working with them for the betterment of them as well as the company's needs at that time.
Most all companies have some form of process, procedure, or policy governing this - it is best to talk with someone in your organization as you have already said you did. They can give you all the details. Talk with your supervisor, manager, personal rep. as well as the person in the insurance office - all of these people are trained to help you with this. Talk with them.
ETA: Week 13 for c-section in both cases. Pay is only 60% for the first 8 weeks only - if you qualify.
I think that's the issue - there is no policy. I was told, i was the first person they have had in this situation. The fun thing is, although our organization is technically independent from the parent, we mirror all their policies (including retirement, vacation, schedules, etc) and they have a policy that allows employees to take up to 12 weeks unpaid medical leave (once they have exhausted all their sick time). So I'm really feeling like trailblazing and trying to get them to formalize a policy, which will do good for me and anyone else in this position. Maybe it will work, or maybe it won't, but I figured I might as well try.