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3rd Trimester
c-section & fmla leave...6-8wks or 12wks?
I had a c-section with my DD, and also going to have one with this pregnancy. I was approved for 12wks. of maternity leave with DD...but for some reason my new doctor says that the recovery time for c-sections is 8wks....wth? I think 12wks. is a more reasonable time to heal and get back to normal after a MAJOR surgery...My employer asked me how long would I be out, and I said I think 12wks...she looked at her calendar and took a deep breath...and I said well I took 12wks. when DD was born, and she said I know...and it chuckled it was hard on us too!!!! OMG!!! My doctor better request 12wks...or he is back in the hot seat!!!!
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Re: c-section & fmla leave...6-8wks or 12wks?
I only got 8 weeks for csection. I think its that FMLA will only pay up until 12 weeks regardless but healing time for a Csection without complications like infection is usually 8 wks
In my bag: Nikon D90; 35mm 1.8, 90mm 2.8 macro (my fave), Lensbaby Composer with macro extensions. BFP after 13 cycles and one ectopic. Lost left tube 5/19/10.
That's exactly correct...so that means I can still take 12weeks right?
They have to give you 8 weeks for a c-section. FMLA if you qualify gives you twelve weeks. Your work guarantees your position for 12 weeks is what it means. You get 8 weeks to recover so that you can go back to work after 8 weeks if you want. FMLA doesn't of course pay anything like PP said. Now if you have short term disability they pay you for 6 weeks. Hope that makes sense.
I'm in California. If you have a c-section you get 8 weeks of Short Term Disability pay post partum through the state which is about 55-60% of your wages. However your job is protected for 12 weeks post partum through FMLA. FMLA does not pay you, it only protects your job. If you continue to have complications from the csection your STD can be extended, but it's up to the doctor to make that call.
In Cali, we also have CFRA which protects your job for another 12 weeks after FMLA runs out, but it too only protects your job, it does not pay you. You also have to qualify for both FMLA and CFRA. Requirements are that your employer employ at least 50 people within a 75 mile radius to the main office, you have worked there for at least a year, and have worked at least 1250 hours in the past year.
Hope that helps.
BFP #1 3/13/13, MMC 4/17/13, D&C 4/19/13
BFP #2 8/7/13, Beta at 4w6d = 3,796
why do you get 4 weeks before? I need in on this! LOL
In my bag: Nikon D90; 35mm 1.8, 90mm 2.8 macro (my fave), Lensbaby Composer with macro extensions. BFP after 13 cycles and one ectopic. Lost left tube 5/19/10.
Thats all I needed to know...I'm going to be out 12weeks....I have short term which pays me 60% for 50 days...and I'm covered at 100% for 25 days.....I need my entire 12 weeks at home with my new baby....period!! I can't worry about anything else...because guess what? when other people take off they don't have any guilt...so why should I????
I don't know why they do that - but hey - I'lll take it!!!
In my bag: Nikon D90; 35mm 1.8, 90mm 2.8 macro (my fave), Lensbaby Composer with macro extensions. BFP after 13 cycles and one ectopic. Lost left tube 5/19/10.
who is they? is this via insurance ? I don't think I get this.
"They" is the state of NJ. No insurance - this is what NJ will pay for at 60% via state sanctioned STD. Also, if you have STD through your work, NJ will pay up to 100% of your salary under state STD. Since I have no work STD insurance I am only getting what the state pays.... which is better then nothing.
In my bag: Nikon D90; 35mm 1.8, 90mm 2.8 macro (my fave), Lensbaby Composer with macro extensions. BFP after 13 cycles and one ectopic. Lost left tube 5/19/10.
It seems like there's a lot of confusion in this post. FMLA is not a paying program. FMLA guarantees your job and insurance benefits while you take leave to care for yourself or your family for up to 12 weeks (provided you have been at the workplace at least a year and it has at least 50 employees). So long as those two requirements are met, you are entitled to job security for up to 12 weeks - but you are not required to be paid for those 12 weeks.
Most people in this country are paid after having a baby through short-term disability. Short-term disability is to pay your bills (usually at a certain percentage of your normal income) while you are incapacitated. Usually this is an employee-sponsored program that you sign up for in advance (most of these programs have some sort of time requirement before you can receive benefits; usually a year). This is what your doctor has to sign off for, and usually it's 6 weeks for a vaginal birth and 8 weeks for a C-section (assuming no complications). So you'd get your 8 weeks with pay through the short-term disability, and then you'd be entitled to take 4 more weeks under FMLA. Since this is because you are considered physically incapable of working, unless your doctor pulls you out of work for bedrest or something, you'd have to work up to your delivery date. If you stop working prior to your delivery date without your doctor signing off, that pay would come out of your personal leave.
There are a few states that either expand on FMLA (NJ and CA come to mind) and/or provide some sort of state-run disability/family leave pay, so you really need to speak to your HR rep or look up the laws in your particular state. Some companies also have their own family leave policies (for example, my husband is entitled to 2 weeks' paid paternity leave when we have a child or adopt), but that is up to the company and is pretty rare.
It's 6 weeks for vaginal delivery, 8 for c section, as far as how long your Dr would write you out of work for, unless of course, there are some complications and you need out longer. However... you can take off up to 12 weeks in 1 calendar year for Family Medical Leave. Family medical Leave is not paid leave (like short term disability is) but it's just a guarantee that if you work for a company with at least 50 employees and you have been employed there for at least 1250 hours in the last year then you will have a job when you return. Even though your Dr writes you out for 8 weeks you can take off 12 weeks, your employer cannot tell you no, unless your employer doesn't qualify for FMLA (less than 50 employees)
I work in HR and this is all correct.
I work in one of the few states where you can get short term disability through the state, and you only get 8 weeks for a c-section birth. The additional 4 weeks would be unpaid.
I work in HR and this is all correct.
I work in one of the few states where you can get short term disability through the state, and you only get 8 weeks for a c-section birth. The additional 4 weeks would be unpaid.
I work in HR and this is all correct.
I work in one of the few states where you can get short term disability through the state, and you only get 8 weeks for a c-section birth. The additional 4 weeks would be unpaid.
I work in HR and this is all correct.
I work in one of the few states where you can get short term disability through the state, and you only get 8 weeks for a c-section birth. The additional 4 weeks would be unpaid.
8 weeks is plenty of time for a c-section birth, barring some major complication.
standard recovery for vaginal birth = 6 weeks
standard recovery for c-section = 8 weeks
FMLA, if you qualify, will protect your job for up to 12 weeks.
There is no correlation between the amount of time available under FMLA and the time needed to recovery from either type of birth.
The ladies above me are right. But I will add, my Short Term Disability also requires the employee to exhaust all PTO and Sick Leave. When I exhaust all the time I have then I can tap my STD for the remaining pay at 60% of my current salary.
I got my FMLA papers back from my OB last visit, she wrote them for 6 weeks for vaginal delivery, I put in for the full 12 weeks maternity leave & was approved the next day for all 12 weeks, the dates are kind of open ended.
I do get one thing, my office has a mandatory computer in-service training the week of Oct 24 to 28 and I believe if I read the law correctly, It should push my leave forward the same amount of time. I'm not sure if we'll be there everyday or just a couple days with assigned times.
THIS exactly! Remember, you only qualify for FMLA if your company has 50 or more employees.
I have never heard of this before. Maybe this is a NJ thing? What do you mean 4 weeks before?? Is that before the actual surgery? What if you don' know you're having a c-section? I don't get this.
This is the NJ law - I don't know about other states.
The 4 weeks before is before the actual surgery - obviously this is only if you know you are having a c-section (which I do). If you don't know and wind up with a section, you get 2 weeks before your due date and 8 weeks after.
In my bag: Nikon D90; 35mm 1.8, 90mm 2.8 macro (my fave), Lensbaby Composer with macro extensions. BFP after 13 cycles and one ectopic. Lost left tube 5/19/10.