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2nd Trimester
Anyone else wanting to use FMLA BEFORE birth?
I teach and my due date is already 6 wks from summer break. So in my case I wouldn't need to use the entire 12 wks. However, I feel that I am still entitled to this time and would like to relax and enjoy the end of my pregnancy and NOT work up until my due date.
Anyone else doing the same? Any advice on making this happen? I'm going to talk to my principal this afternoon, central office told me that technically I am entitled to it.
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Re: Anyone else wanting to use FMLA BEFORE birth?
If you are physically capable of doing your job and your doctor hasn't put you on bedrest, I think it's totally taking advantage of the system to use your FMLA time if you don't need it.
To my understanding of the program, you are only entitled to take the time once within a certain period, wouldn't it be wiser to save the FMLA time in case something goes wrong?
Agree with PP. Check into the laws for your state as well as what your employee handbook says regarding leaves. I understand wanting to use the time you're "entitled" to but unless it falls under the FMLA guidelines your job is not protected.
Do you have sick/personal/vacation days you could save for the end of the school year?
BFP: March 22, 2011 M/C: April 8, 2011 @ 7 weeks
BFP: June 29, 2011!!! Crossing my fingers for a sticky baby
LO Born early March 2012 We are so blessed
In my state, FMLA is unpaid leave. You only get paid if your employer offers STD. In my state FMLA is 12 weeks of unpaid leave to be taken before and/or after the baby comes. If you chose to use 6 weeks before the baby comes then you may only use 6 more weeks after the baby comes (the company is only obligated to hold your position that long, 12 weeks)
Since you don't need a doctor to pull you out of work, and you don't get paid for that time, then I definitly think that its totally reasonable for you to use the time you are entitled to!! That is what is is there for!
Check with your HR rep to see what your state allows! and do not feel guilty about it, thats what its there for!
and obviously if you took 6 weeks off before the baby came, STD still would not start until the birth of the baby! So it would be an unpaid 6 weeks off
This exactly. I love the use of the word "entitled"
Nope. I'm going to work until I deliver and then only take 8 weeks of FMLA. I'm going to take banked sick/vacation leave at the same time, so it will be paid leave for me.
As PP's have said, I don't want to waste the leave in case something goes wrong and I need to take off extra time to care for any of my children or spouse--you only get 12 weeks a year.
Gabriel Ross - August 24, 2009 * Vivienne Rose - May 1, 2012
My Blog
IMO it's abusing the system . . . you already get to have an entire three months with your LO due to summer break.
If you can pull it off . . . I guess it's up to you to try. If I was in your shoes I wouldn't try it . . . especially with the implications for your students and employer.
This of course is coming from someone who only gets 6 weeks paid and DH and I have been saving so I can take an additional two weeks. My employer then expects me to travel to Spain for an event one month after I return.
I'm a teacher too, and will have to use time before my babies are born, because I'm having twins, I will stop work at 30 weeks.
But, look into your district's policy, see if you can take the rest when the next school year starts?
ID Twin girls 04/2012
Baby #3 Due Jan. 2017
You may not be able to take FMLA prior to having your baby because it needs to be medically necessary, or in order to take care of a child or family member.
What you may want to consider is taking the FMLA leave once the next school year begins, that way your child would be nearly six months old before going to daycare. FMLA entitles you to take off time any time within the first year your child is born, and since you don't want to miss out on using the time I would rather do it once LO was actually here.
As far as the issue of it being paid or unpaid that would have to be worked out with the company that you work for.
Yeah, that's it entirely. I'm totally jealous that she can take unpaid leave. It has nothing to do with ethics or abusing leave, or the implications of taking medical leave without medical necessity and how that impacts the overall system of medical leave in her district and on a national level because people think they are entitled to things.
It's not because the more people who try to work systems like this to their advantage means more employers try to close these loopholes, making it harder for people who legitimately need medical leave to get it. It's not that because people took advantage of FML practices offered by my employer, they tightened the restrictions so that my husband and I now share the 12 weeks of FML because we work for the same company. Fortunately, we both have enough accrued PTO to cover us both being out whatever time is necessary, but I have colleagues who are less fortunate because people abused the system like this woman proposes doing.
Nope, I'm just writhing in jealousy over here that I won't be taking time off that not medically necessary before my baby is born. Gosh darn, you got me there.
Gabriel Ross - August 24, 2009 * Vivienne Rose - May 1, 2012
My Blog
That is exactly what I said! I clearly said that no one should ever take more time than their doctor signs them out for as being medically necessary.
Or, what I said was in reference to the post asking about using FMLA leave (which is unpaid) before birth, regardless of whether or not it is medically indicated, because she believes she is 'entitled' to it, and didn't touch on paid time off or leave taken after the baby was born at all. But you know, potato/tomato.
In the particular case raised by the OP, no, I am not a fan of people manipulating the system. It's hard enough to get by when you legitimately need time for medical purposes, and people who work the system only make it more difficult for those who require that job protection. If she were taking her own paid leave, that's her business. If she were to require leave due to legitimate medical necessity, it's great that it's there.
But she indicated that she just doesn't want to work and feels entitled to take that leave in advance of the birth of her child, without it being (at this time) medically necessary. Perhaps she didn't realize when she posted that the requirement of FMLA is not the impending birth of a child, but a physical inability to perform the job one is hired to do, and that most employers (school districts included) require that a doctor sign off on the medical necessity of the leave if it is taken in advance of the birth of a child. One would hope that medical professionals would be ethical and honest about the ability to perform work and not sign people out who do not need medical clearance from work, but clearly, as you demonstrated, that is not always the case.
FMLA leave after birth is designed to give job security to parents to care for their newborn during a critical time of life, and is not based solely on medical necessity. If she wanted to take that time off then, when it is now no longer an issue of medical necessity, then may all the powers that be bless her for her up-to-12-weeks-of-unpaid-leave. If she wishes to use accrued paid time off prior to the birth of her child and it is in accordance with her district's policies regarding accrued paid leave, then I wish her days of resting pre-birth are all she hopes them to be.
What I object to is an intentional use of time that is supposed to be for medical necessity when it is not medically necessary. That costs the school district money, and may make them reconsider their policies about maternity leave and what is deemed medical necessity. The tighter restrictions get, the harder it is for everyone. I personally think it is unethical to manipulate a system like that, but as I said in my original post, if her doctor is willing to sign off on an unnecessary medical discharge and she's ok with unpaid leave, then I guess it's none of my business, beyond her asking for opinions on a message board.
Gabriel Ross - August 24, 2009 * Vivienne Rose - May 1, 2012
My Blog
That is actually 100% incorrect. I work in HR and handle all the leaves for our organization and medical certification is required. With out it the leave can be denied.
DS #1 born 05/25/2012
BFP#2: 06/12/2013 ---- loss
DS #2 born 4/08/2014
BPF#4: 2/1/2016 --- 2/23/2016 suspected molar pregnancy--- 3/15/2016 D&E - diagnosis MM
BFP#5 - 9/22/2016
* formally bornmommy
There are a handful of states that have their own state FML ..which I believe is ( and I apologize if I miss any ) MN, CT, WI, RI, MA and California has CFRA which is by far the most generous state package of all of them. The amount of time you get varies from state to state too
FMLA is offered by companies who have more than 50 ++ employees, so not everyone has access to FMLA. There are various types of FMLA.. Continuous and Intermittent.. Intermittent is where you get medical to support you needing some time off here and there, but not a continuous period... say for example you need up to 4 hours a week for ..whatever.... as opposed to needing 3 weeks off from date to date. The reason for the FMLA is also a factor.. you have OSHC and family ( and others..but those are the ones I see most) so depending on whos needs are being met ..ie you are sick or you are caring for a sick relative...
That is just a really short snippet on FMLA & FML ..it's more complex so you would really need to talk to your claims manager for specifics dealing with your suituation and location . A lot of big companies outsource their benefit claims, do depending where you work can also make a big difference as to how you deal with this.