3rd Trimester

trying to get taken out of work???

So I never thought I would be that girl.  But the thought is stuck in my head.  Friends, co-workers and even my mother are telling me "you need to get your doctor to take you out on disability already!!"  I know that legally and ethically, they cannot (shouldn't) do it, but do they?  I know there are lots of legit reasons...but not sure any apply to me.  Back story - I guess folks are concerned about me since DS was born at 36 wks via emergency c due to sudden pre-e and HELLP.  Yes my life is super busy, work is stressfull and having those complications does increase my health risk this time, but only to 27% per my doctors.....

DS brings homes so many illnesses I have been sick a couple time a month pretty much the whole pregnancy.  And we're talking coughing, inhalers, can't sleep etc.  I am so exhausted all the time, but yeah we all are to some extent. 

So I guess I am asking, does this really happen and how? 

Re: trying to get taken out of work???

  • When I was pg with DD, my OB just said that if I felt like I just couldn't anymore or it was getting to be too much, that she would write me out of work.  I was fine and preferred to use my available time off (FMLA 12 weeks) AFTER the baby rather than before. 

    It is not unreasonable for a woman late in her pregnancy to be off work.  It's a little different, I mean, you're not totally disabled, but honestly things are really really uncomfortable. 

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  • Hocus- you seem to know a bit about the HR side of things.  From what I am told by our company's disability administrator company, because I am in California, there are addition state laws that provide me an additonal 12 wks.  Because, yes time WITH the baby is my primary corncern.  Anyone who knows about CA specific laws and leave please chime in...
  • Same here. I just stopped a week before due date because doc was convinced baby was coming early... (and now I wait, wait wait) but I wanted to use most of my time off after baby's here so hoping LO makes an appearacne this week so I hve 11 weeks pp.

    It was exhausting working til this late in pregnancy but my work was cool about letting me wrk a few hours less every day - I am hourly anyways so they weren't losing any  money over this.

    Maybe you can ask to work from home once a week or just go down to 4 days? 

  • Dear CA_EAM,

    I've been in the HR Management field in CA for 15+ years... Employers in the state of CA will obide by whatever your Dr says regarding when you are to be "disabled" from work... If your Dr puts you out tomorrow then that is what will happen - espcially in CA employers are not interested in arguing with what a Dr says as for fear of being sued...

    A qualified CA employee (employed with current company for 12 months & have worked more then 1250 hours in that 12 month period of time) you will be eligible for FMLA, CFRA and the CA Paid FMLA program (the later is not job protected leave)... FMLA & CFRA run concurrently and both start the day that your Dr has deemed you "disabled" from work...

    I always recommend that people speak to their HR Rep to get the specific FMLA, CFRA and SDI (State Disability Insurance) forms, etc...  You will want to make sure that you have everything in order prior to going out on leave...

     Good luck with everything!!!

    K

     

     

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  • I'm not help on CA specific laws, but you might want to check with your company's disability policy as well.  Our company pays up to 26 weeks for short term disability.  While a regular pregnancy is only covered/paid for 6-8 weeks depending on type of delivery then up to a full 12 weeks with the rest of the time being unpaid under FMLA; if your doctor puts you on bedrest before delivery, that extends your leave without cutting into your FMLA time. 
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  • I'm in CA but my employer pays for private disability and we don't pay into state disability so the rules are a little different in my case.  I would talk to your HR person.  My employer is allowing me to take 6 mos off, so more time than FMLA protects your job, but they are very family friendly.  My doctor wrote me out of work at 36w5d.  I am having complications though with rheumatoid arthritis, pregnancy carpal tunnel and elevated BP. 

    I would talk to HR and then talk to your doctor.

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  • i got a note from my doctor because i am now on bedrest. my work allows me to telework so i just had to get reasonable accommodation from work to allow me to do this until baby comes. 
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  • I am being taken out of work after I finish up this week. My job is physically demanding and I feel I have pushed too hard too many times. So, I told my doctor. He agreed to release me on to disability. I wasn't expecting him to do so, but he did. It made me feel like all I was doing was complaining, but when it comes down to it- I can hardly get through a full day of work, I have back/ hip pain, and I have BH's consistently each night after work. (Not enough to go in for- but enough to say, I am doing too much.) I decided to take the early leave. I am in California.
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  • I have a physically demanding job and am on my feet for about 10.5 - 11 hrs of my 12 hr shifts. I have already been to the WEU (Women's Evaluation Unit/maternity ER) 2x during this pregnancy with cramping the 1st time and then they thought my water broke the 2nd time. I am going to try to get off work  3wks before my due date as LO#1 came 2 wks early. I am planning on as natural of a birth as possible and think that it is a bad idea to work to my due date with the possiblity of a long labor. They say that the 2nd one doesn't take that long, but you never know until L&D is over and done with.
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  • I live in Cali and was told by my employer that I am allowed to take up to 18 weeks off. That is including FMLA, Cali Pregnancy Disability Act (CPDA) and Cali Family Rights Act (CFRA).
  • imagesheenathms:
    I live in Cali and was told by my employer that I am allowed to take up to 18 weeks off. That is including FMLA, Cali Pregnancy Disability Act (CPDA) and Cali Family Rights Act (CFRA).

     

    This is correct.  You can get up to 4 weeks of disability (PDL) before your EDD if your doc determines you are "disabled." FMLA (12 weeks), if you qualify for it, runs concurrently with PDL.  You get 6-8 weeks of PDL after delivery depending on type of delivery. 

    CFRA kicks in AFTER you are no longer disabled (so when your doc releases you back to normal activity). CFRA runs concurrently with your remaining FMLA (12 weeks minus however many you were disabled for).  Because FMLA runs concurrently with both PDL and CFRA, it's easier to just think about your leave in terms of PDL and CFRA since those two are not concurrent. So that's a total of 18-20 weeks (assuming you work until you deliver and depending on the type of delivery) .  

     

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  • I never intended on doing it, but totally did.

    Dr put me on short term disability starting at 36 weeks- LO is jammed on my sciatic nerve and I have a horrible commute (3 subways each way- rush hour). 

    My work gives 8 weeks paid maternity starting when LO is born, so I'm not cutting into that at all-- their rules for the short term disability is that I get full pay- I'm not sure how many weeks, but definitely more than the 4-5 max I would be taking.

    I also plan on added 2 vacation weeks I saved up to the end of my maternity.

    Technically, even if LO is born on time, this would put me over FMLA job protection, but I spoke to my HR department, and she said they really don't even consider taking away a job until it has been 6 months, and even then, it's a matter of do they feel like this person is ever coming back. She also pointed out that I'm in a 4 person department.... they pretty much couldn't replace me if they tried :)

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  • I saved up my vacation time so that I can leave work a little earlier, and still use my FMLA 12 weeks AFTER my baby is born.  But I also have a boss who is currently out on maternity leave herself & this was her suggestion when she found out I was pregnant...  Being exhausted & sick make you no good at work, or at least they do that to me.  I think it all depends on what your options are - maybe you could reduce the hours you work some?  Or not work 1 day a week?  These would potentially allow you some extra rest, but not take away from time after your baby is born.
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  • imageJanimal:

    When I was pg with DD, my OB just said that if I felt like I just couldn't anymore or it was getting to be too much, that she would write me out of work.  I was fine and preferred to use my available time off (FMLA 12 weeks) AFTER the baby rather than before. 

    It is not unreasonable for a woman late in her pregnancy to be off work.  It's a little different, I mean, you're not totally disabled, but honestly things are really really uncomfortable. 

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  • Work got really stressful and tiring for me after about 32 weeks and they were not very nice about giving me time off. So I asked my doctor, and he filled out the FMLA forms "for the discomforts of pregnancy." I submitted that and was allowed to take short term disability full time. I don't think that's unethical at all. Pregnancy takes a lot of energy and you do have a high risk pregnancy. I ended up being put on bed rest anyway. It doesn't hurt to ask, and it feels so much better!
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