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June 2012 Moms
Wow. Our mat leave/FMLA policy sucks.
My husband and I both work for the same state University. We have both been here 4+ years full time, so we both have about 14 weeks of sick/vacation time saved up.
We don't have a paid maternity leave, so you only get paid if you have disability insurance or sick/vacation days saved up, and you have to be here 12 months before you can even claim FMLA. We've been here plenty long enough so do have 12 weeks FMLA but you have to use all of your sick/vacation time during that (concurrent). Ok, I get that.
The sucky part? Because we BOTH work here, we can only take a total of 12 weeks FMLA for the same birth. You have to claim FMLA for more than 3 consecutive "sick" days used. So basically, we were banking on DH taking off about one month after the baby comes. If he does that, I would only get 8 weeks off. I am fuming because we work hard to not miss work so we have these days to use if we need them. UGH.
Sorry, mad, hormonal woman here.
TTC since April 2009 ~ Unexplained IF
3 IUI's later....EDD 6.28.12
This discussion has been closed.
Re: Wow. Our mat leave/FMLA policy sucks.
It's not ideal, but can he take 3 days off, work 1 day, take 3 off, work 1, etc.? Or Maybe work every Wednesday so it's only two days off, twice a week? I would find out if they consider Friday and Monday to be consecutive days.
Then you'd just have to take off on Wednesdays to fill in the gap. It might mean a few unpaid days at first, but better than nothing, and cheaper (probably) than a daycare once a week. Or maybe find a college student you trust that doesn't have class on Wednesdays and could watch the baby for a negotiated rate.
How is your vacation time accrued? Throughout the year (say, per pay period) or given to you all up front to last the whole year?
This does not seem legal, you should double check. For example, if you had a surgery that required you to be out, and you needed someone to care for you, you should both be able to take the 12 weeks. This just does not make sense.
Im pretty sure it's correct (the part that since they both work for the same employer they combined get 12 weeks off). I've seen it referenced on many other boards.
It's unfortunately right - the way FMLA is set up, you're more or less screwed if you work for the same company. DH and I are in the same boat, so I looked this up a few weeks ago.
HR here...it is unfortunate but true that a husband and wife are only allowed 12 weeks between the two of them in this circumstance. Here is the excerpt from the DOL's website:
"Spouses employed by the same employer are limited in the amount of family leave they may take for the birth and care of a newborn child, placement of a child for adoption or foster care, or to care for a parent who has a serious health condition to a combined total of 12 workweeks (or 26 workweeks if leave to care for a covered servicemember with a serious injury or illness is also used). Leave for birth and care, or placement for adoption or foster care, must conclude within 12 months of the birth or placement."
I agree with PP, could you get around this by having your DH take vacation instead of sick leave?
Yeah, it's because of the qualifying event
. If it were something other than the birth or care of a baby, it would be different. For example, if one of us were sick, we could each take a full FMLA (or so I understand).
Fortunately, in his position, he works a TON of hours over his 40 salary pay so his boss never makes them claim time. Of course, a month off is a little different from a day here or there. He's going to talk to his boss and see about "working the system".
I like the idea of working Wednesdays only. I need to call up there to see about the Friday/Monday thing. I have calmed down a bit, I was just all up in arms because we have PLENTY of time saved up, so I was angry
. Silver lining: I'll get paid the whole time AND I'll have days left for emergencies/Dr.'s appointments.
Still sucks though
He probably has about 15 days of vacation saved up, so this is definitely an option. He could make that 4th week work out somehow.
When I had DD my DH, who is self employed, took about a week off and that was plenty of time. If it were me I would have my DH plan his vacation and skip the FMLA, but don't have him use all his time because if your child goes into daycare he or she will get sick and you and DH will need to take time off. You will benefit from the full 12 weeks more than he will from taking FMLA. If you are planning on BFing the sleep deprivation alone will make you want that time. Plus, not to freak you out or anything, if you get put on bed rest or told to stop working the 12 weeks start from the day you go out because FMLA also applies if you are out for anything medically related to yourself. So if you go out two weeks before LO is born that is two weeks that counts towards your FMLA unless your company has a separate policy that states different.