2nd Trimester

S/O Maternity Leave Question

Since it seems we have quite a few HR people on here, let me ask you a question about my situation.

 I am a first year teacher in Texas, so I have summers off. I am due on July 24 and teachers start back to school on Aug 15, 2011. My hire date was Aug 16, 2010. I do not want to start taking FMLA leave until Aug 17, after my full 12 months of employment are up. (Basically work 2 days and then stay home)

I am being told by HR that because my baby is being born before the full 12 months of employment, I am not eligible for FMLA even though I will not take any leave until after the 12 months have been fufilled.

In reading FMLA, it doesn't specify that the baby must be born after 12 months of employment for eligibility, just that leave cannot start until then. My understanding is also that my 12 weeks unpaid leave can be any point in the 1st year after birth.

So who is right, my HR or me? As it stands right now, I only have 3 weeks of sick leave I can use, but that's it. If the baby come a week late, she will be less than 6 weeks old and I can't put her in daycare.

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Re: S/O Maternity Leave Question

  • You know...I am an HR manager...and I would actually consult an expert on this question...here is my dilemma in answering...

     

    It says for the birth and care of a newborn of an employee...part of me wants to say that since the baby is born before you are eligible then you cannot take it.  But it says care of a newborn...so if you want to care for a newborn at the age of 4mo...I honestly don't know.  

    Sorry not to be more helpful

    Here is a link to Department of Labor...I would contact them for a more specific answer

     https://www.dol.gov/compliance/laws/comp-fmla.htm

     

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  • I am also a teacher and due June 25th,  My HR said that my FMLA would begin the day of my delivery.  This is very different than with my first little one, at that time HR said only days that I was contracted to work counted.  So frustrating!  I did some research: there are special instrutions for teachers written in the Federal Law, specifically regarding summers and FMLA rights.  As teachers our summers are not supposed to count against FMLA benefits.  I wish I could remember the code for the law, but I have it filed at school.  You can search an online search of Government Documents though, that is how I found it.  Good Luck!
  • You do have the option of taking the 12 weeks up to one year after the event for sure. This is most commonly applied to the husbands but can easily be applied to the mothers as well. I think your HR is mostly likely wrong but definitely consult either an expert, the web, or a lawyer just to be sure.
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