HR JUST told me I don't qualify for FMLA! (vent)

meg211 · June 2011

Seriously?? Less than 4 weeks before my due date, NOW someone from HR calls to tell me I can't take 12 weeks?? I alerted them back in December my leave plans - 6 weeks paid using ST disability (a nice company benefit), and then 6 weeks after that under FMLA, unpaid. Great. My boss is totally on board, her boss (the CFO) is too, my ST paperwork is all filed - all was swell.

Then HR tells me just now that because I started with the company LESS THAN 3 WEEKS after the date I'm going out, I don't qualify for FMLA because I technically haven't been working here for a full year yet. Say what?! I googled the law and yes that is what it says, but NONE of our HR literature mentioned this so I had no idea! Its unpaid leave. My boss is not going to fire me if I choose to extend my leave for 12 weeks. I don't have daycare until October!! They won't let me use vacation days to fill the void, because its not 'continuous leave'. And I think I need to work a minimum 20hrs/wk under part-time to keep my benefits, which without some kind of daycare/help would be nearly impossible.

This is ridiculous and I just need to vent. Our HR dept is a disaster and none of these policies are spelled out anywhere. I'm like the 3rd woman here to have a baby...give a girl a break...its 12 days!!! UNPAID! Why do they even care?!?!

Firefly9 · June 2011

How big is the company you work for? I'm not really well versed in FMLA laws, but I think there's some sort of guidline about the size of the company and if they have to provide it or not.

Either way, that really, really sucks, especially you finding out so close to July I'm sorry.

kateisgreat · June 2011

This is a stretch- but if you are on STD for 6 weeks, can they count the day that your STD is over as the first day of your FMLA so you would be at the 1 year point? I'm guessing not since no one gets 6 weeks STD AND 12 weeks FMLA, but it's worth a shot, maybe? Can go in for a few days after your STD is over and then take FMLA for the other 6 weeks? That really sucks that they are just not letting you know. I hope they are willing to work with you to find a solution.

ksulli · June 2011

That's really unfortunate that they're telling you so late in the game. Could you work right unil you go into labor, take a few days of vacation, then go in for a day or two to make it that you've been there a year and then get the leave? I realize those two days would be awful, but it could be worth it.

law&order · June 2011

I'm just a lurker, but you can take FMLA any time within your baby's first year. So if it's only 3 weeks- take your disability and then use the FMLA. I'm in a similar position. If I deliver before July 19th (my 1 year anniversary) I am protected under disability until FMLA kicks in. If you MUST, take your disability, go back to work for the few days/weeks and then take your FMLA. Perhaps they would even work out a part-time or telecommute situation? Just some suggestions.

catie333 · June 2011

You are still emplyed while on leave so does the first 6 weeks cover that 3 week window?

mbritto4 · June 2011

Not agreeing with their choice, but have a feeling they aren't doing it to be vindictive or screw you out of leave. They probably have to take a hardline on the rules, otherwise any "wiggle room" would quickly get abused. "Only 3 weeks" would turn into 6, then "only 2 months" so they likely stick to the year requirement for that reason. Unfortunately just because you're a good employee with good intentions does not mean everyone is. There are many who will act like they intend to return, take leave with benefits, then quit. Are you working as long as possible, or were you starting leave a little early? I'm sorry your leave isn't what you'd planned on, you'd think they could've told you back when you originally alerted them so you could make alternate arrangements. I didn't qualify for fmla with my DD, but there was never a question, I worked for a company of 5. I got 2 weeks vacation then negotiated 4 weeks unpaid.

meg211 · June 2011

Thanks for all the thoughts and ideas, ladies. I am not a rule breaker and understand if they do it for me, they'll have to do it for anyone - just wish they would have told me sooner!

My 1yr anniversary is 9/15, so assuming my 7/22 EDD is correct (I am planning on working until my dd), 6 weeks of disability later gets me to 8/30, which is 12 work days short of my anniversary. Even if deliver a week late, I'm still short by 6 workdays. They said they won't let me use vacation to extend my leave until 9/15 because its then not continuous (I assume same is true for working, they are also checking that)...but I'm going to ask about a PP comment about taking FMLA anytime in that first year.

I also just thought, if I have to come back after 6 weeks, I think this qualifies as a "life event" in the benefits world, so I could switch over to MH's company benefits plan (which of course, is more expensive), and go to like an 8 hour, part-time, work-from-home, scenario after my STD ends until Oct 1 when my daycare becomes available.

Ugh, such a hassle and stress I REALLY don't want right now...and if I happen to go out early, it only gets worse

princessjulia28 · June 2011

You can take FMLA anytime in a 12month period to take care of a newborn after you have worked for 1 year. So I would go out on disability for 6weeks, work a week or just take your vacation time (which they cant limit you to) and once your anniversary date of 9/15 hits take your 6 weeks FMLA unpaid. (sidenote in my comapny once I go out on disability my vacation time does not accrue so make sure that you actually have the vacation time you believe you do) I have to say though once I became pregnant I became fluent in the FMLA NJFMLA stuff just so I knew my rights. Your HR dept is going to tell you what is in the best interest for the company. You can take vacation time before using FMLA anyway. That is exactly what I would do.. Hope you work it out.

Wyoming Bride · June 2011

This might not make sense but...

I think of FMLA as a way to protect your job so that you are not fired due to taking leave for pregnancy. It sounds like you are not concerned about this because you say that your boss is on board and won't fire you regardless. So can HR just ignore FMLA and allow you to negotiate unpaid leave separately? Or is the problem that unpaid leave is not allowed at your company in general?

AsOctoberFalls · June 2011

princessjulia28:

So I would go out on disability for 6weeks, work a week or just take your vacation time (which they cant limit you to) and once your anniversary date of 9/15 hits take your 6 weeks FMLA unpaid. ...You can take vacation time before using FMLA anyway.

This isn't necessarily true... I know in my company, they force you to use up all your vacation (and sick) time before STD kicks in. It's perfectly legal for them to do so. Also, my STD is concurrent with FMLA. Basically my FMLA starts as soon as my baby is born. It's not a big deal to me since I plan on only taking 8 weeks off. I have to save some of my FMLA for later on this year, in case I get sick or need to take off for doctor's appointments.

OP, I'm sorry you're dealing with this... that really stinks. What have they said they're going to do if you take 12 weeks off? Will they fire you, or will you just lose your health insurance?

mgoodson80 · June 2011

STD and FMLA run concurrent so they use the same 12 week pool of time. Basically FMLA is the law that allows you to take time off, STD is just the way you get paid for the time off. If you do not qualify for FMLA, you can still take the 6 weeks STD (or longer if there are complications or c-section delivery) but once the paid time runs out and your doctor has cleared you, then you are expected to return to work. Its a problem with the law, not necessarily the company and their application of it. My STD does not start until I have been out of work for 2 weeks and I am required to use PTO to cover that time, so I will get 8 weeks. I don't understand how they can stop you from taking your PTO if your manager is ok with it though.

As far as changing to your DH benefits, make sure you do that before you go back to work, since you only have 30 days to make changes related to a life changing event. If you wait till you go back in 6 weeks, it will be to late to even get the child added to your plan and you would have to wait for open enrollment to add the baby.

skimball09 · June 2011

I have the same problem, except I'm 4 weeks short. However HR said I could take the 6 weeks disability, come back for 4 weeks of work then am eligible to take the other 6 weeks, did they say anything like this to you? It's def. not the perfect situation but maybe you can find some short term care for those few weeks...

meg211 · June 2011

skimball09:
I have the same problem, except I'm 4 weeks short. However HR said I could take the 6 weeks disability, come back for 4 weeks of work then am eligible to take the other 6 weeks, did they say anything like this to you? It's def. not the perfect situation but maybe you can find some short term care for those few weeks...

This is probably what I'm going to end up doing. Luckily, I just rechecked my math on it, and assuming I deliver on time, its only 6 days I need to make up to fill the gap (and if I'm late, even shorter). If this is what has to happen, I will ask my mom and/or MIL if they can fly down for that week and trade off babysitting as needed. My boss is awesome, so she may let me work from home half day.

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HR JUST told me I don't qualify for FMLA! (vent)

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