FMLA Question

wright129 · July 2012

Just found out I'm PG, and got a call for a job interview I applied for before I found out. It is for a school district and I would be making about 10,000 more than I am now. But I am wondering how that would affect FMLA (live in TX) In TX you have to be with the company for a year to qualify for FMLA, so what will happen if I take this job?

And should I tell them on my interview next week even though I will only be 6 weeks? Has anyone else gone through this?

mben1119 · July 2012

FMLA is a federal guideline, so it is the same in Texas as it is in Alaska. If you take a new job, you will no longer be protected by FMLA, which means, unless your new employer has other maternity job protection, they can fire you during your maternity leave. All FMLA does is protect your job for 12 weeks.

Justinlove · July 2012

You will not qualify for FMLA, and chances of a public school system having additional maternity benefits is slim. Additionally, you need to find out if you accrued sick leave will transfer to your new system. Some allow it, many do not. If you take the job, be prepared to only take off the minimum amount of time allowed by your dr (typically 6 weeks for a vaginal delivery), no pay, and be required to pay OOP for you insurance premiums during that time.

JandL2011 · July 2012

i was in the EXACT same situation - i decided to stay and my previous job and pass up the pay raise to have the benefit of FMLA and banked sick days. good luck!

monlyn9 · July 2012

JandL2011:
i was in the EXACT same situation - i decided to stay and my previous job and pass up the pay raise to have the benefit of FMLA and banked sick days. good luck!

I would do this too.

spring_time · July 2012

You will not qualify for FMLA. However, you might see if the contract for the district is online. In Michigan, all school districts must now post their contracts online for transparency purposes. Most districts in my area have maternity leave policies. Many of those policies allow a maternity leave of 1-2 years with a guarantee of a job in the district when you return. My friend did not qualify for FMLA, however she was able to keep her job due to the district maternity leave policy. She did not take a full year, but she took from March through to the end of the year, whatever the FMLA would have covered.

EJPint · July 2012

I would not disclose your pregnancy until you are ready, especially not during an interview, as it's neither here nor there with regards to your ability to do a job.

As PPs said, you will not qualify for FMLA under one year of employment. However, I have worked for several employers that extend similar rights (or better) as a part of company policy from day one. It doesn't mean you'll necessarily get paid, but you may have some protection for your job. I assume they have a teachers union, I would see if you can find out more about the contract.

AmieVan · July 2012

I would not tell them you are expecting. This is just an interview they have not offered you the job yet. Additionally, you're not due until March... If the district is like mine (pays annual salary for the 10 mo ths school is in session, you're talking about a $6000 difference...6k makes a difference!!!! If you only take 6-8weeks off and do an exemplary job you should have no problem getting hired back. Good luck!

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