3rd Trimester

FML question...time off before baby comes.

I was put on bed rest with my twin pgy at 24 weeks, I delivered at 35 weeks and was then able to take another 12 weeks with FML.  I work in a pretty labor intensive environment and my dr  has told me he will take me out when ever I want to come out.  So my question is, if the dr pulls me out two weeks prior to delivery for what ever reason, can I then take another 12 weeks FML, it seemed so much simpler when I was ordered bedrest and not like this time which would be by my request.  Any body else want to stop working 2 weeks prior to delivery and then take a full 12 weeks home with baby? 

Re: FML question...time off before baby comes.

  • My understanding has always been that FMLA only covers 12 weeks in a rolling calendar year period. So you are capped at 12 weeks, period. Beyond that, leave doesn't have to be granted, and your job is not protected. Individual policies for companies may differ, but in both of my employment situations I have only been allowed 12 weeks. So any time before birth comes off the time after birth.
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  • Ditto PP. So if you decide to take off 2 weeks before the baby is born, then you'll only have 10 weeks after the birth.
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  • imageJaylea:
    My understanding has always been that FMLA only covers 12 weeks in a rolling calendar year period. So you are capped at 12 weeks, period. Beyond that, leave doesn't have to be granted, and your job is not protected. Individual policies for companies may differ, but in both of my employment situations I have only been allowed 12 weeks. So any time before birth comes off the time after birth.

     

    This is exactly how I understood FMLA

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  • Check your state laws and see what they allow. In Washington they offer 12 weeks of Childcare leave that start when the disability portion of your FMLA ends. So as an example if a mother has a non complicated vaginal delivery and the doctor writes her disability period for six weeks she would get up to 18 weeks off between State leave and FMLA. If your state offers anything similar you might be able to take more than 10 weeks after the baby is born.
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  • I believe that since it's not a medical reason that if you went out 2 weeks early, you'd get 10 weeks FMLA.
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  • I could be wrong here, but if you have your doc pull you out "for complications r/t pregnancy," then I think you can take the 12 weeks of FML, since you are out for a disability. I assume when your doctor tells you he can "take you," out of work, he is planning on giving you a letter stating that. But if you just decide you are done working, then you would only have 10 weeks after the baby is born.
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  • Ditto some of the PP's.

    In CA, your 12 wk FMLA starts running the second you sign out of work.  You can leave up to 4 wks prior to your due date but then you are only left with 8 wks with baby, assuming it arrives on time. 

    My original plan was to work up until I went into labor but now I am looking at an induction at 39 wks so I will take off on the Friday before which is 38wks and a couple days. 

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