Do you always get fired if you don't qualify for FMLA?

ksyknelvr73 · October 2012

I probably sound stupid, but this has never been an issue. I am leaving my current job (been here 4.5 years) for a better opportunity and I start at the end of November. I had DS while I was here, so FMLA was never an issue, I got my 12 weeks (unpaid) and I had my job when I came back.

So now, starting this new job, DH and I had already been talking about trying for #2. I had hoped to be able to start trying again in January...but if I do that, and say that I do get pregnant right away (obviously there is no way of knowing how long it may take), then I'd be due in October which would be a month short of my 1 year anniversary and qualification for FMLA.

Here's the thing: as much as I want to try for #2 sooner rather than later, I won't jeaopardize my job situation for that. I will wait to try if I need to. But I guess my question is, will I HAVE to in order to keep my job?

MrsWindyCity · October 2012

If it's only a month difference, I would wait a month to TTC.

That said, it totally depends. Many employers would be willing to allow you to take an unpaid leave, even if it's not technically FMLA. But, you would definitely need to discuss it beforehand and get it in writing.

Also, you might be able to at the very least have a paid 6 weeks off through STD. I don't know how your employer does it but here you are eligible for STD after 6 months.

ksyknelvr73 · October 2012

MrsWindyCity:

If it's only a month difference, I would wait a month to TTC.

That said, it totally depends. Many employers would be willing to allow you to take an unpaid leave, even if it's not technically FMLA. But, you would definitely need to discuss it beforehand and get it in writing.

Also, you might be able to at the very least have a paid 6 weeks off through STD. I don't know how your employer does it but here you are eligible for STD after 6 months.

I do know that the company offers STD, and it's the same as yours - after 6 months. I'm not too familiar with all the ins and outs of that though.

reb562 · October 2012

I agree with PP, wait a month a two...I wouldn't want to risk it.

bearkatjen · October 2012

ksyknelvr73:
MrsWindyCity:

If it's only a month difference, I would wait a month to TTC.

That said, it totally depends. Many employers would be willing to allow you to take an unpaid leave, even if it's not technically FMLA. But, you would definitely need to discuss it beforehand and get it in writing.

Also, you might be able to at the very least have a paid 6 weeks off through STD. I don't know how your employer does it but here you are eligible for STD after 6 months.

I do know that the company offers STD, and it's the same as yours - after 6 months. I'm not too familiar with all the ins and outs of that though.

STD won't protect your job. If there is no other leave in place, then yes, you could potentially lose your job. My job offers parental leave for those that don't qualify for FMLA, like pt employees and new people like me, but this is the first time I've come across something like that. Other organizations I've worked for, it's been up to them whether or not they wanted to work with the person.

I would most wait two months, so you stay clear of late pregnancy complications and early babies.

Oh, and my parental leave does not cover my healthcare while I am out, so if I am gone for a whole month without any paid leave (my STD does not count) then I have to cover my insurance for that month.

jamiedsgirl · October 2012

Lots of companies (like my company) are too small to qualify for FMLA, and people still have babies. Always depends on your workplace. I would not want to work for a company that would fire me because I was not protected under FMLA.

526SadieSadie · October 2012

They can't fire you for being pregnant, but they can fire you if you can't work when they need you - it's semantics but important to know.

I found out I was pg when I was working here for a month and a half. I was really scared I'd lose this job, I make twice as much money as DH so it would not be a good thing if I were suddenly unemployed and pregnant.

I asked my boss if that was going to happen and he said absolutely not. "I'm not that much of an assh0le and if I was, (the President of the company) wouldn't let it happen" I was relieved, they'd be well within their rights to let me go if I had to take a medical leave outside of FMLA.

I advise you to talk to your HR department and find out what the protocol is.

Or, to be safe and not rock any boats at a job you just started - wait on TTC. You never know how long it might take so you might not have to worry about it anyway.

EastCoastBride · October 2012

I honestly would be shocked if your company fired you simply because you were 1 month shy from FMLA. I mean, they can't fire you for THAT - but you KWIM.

My old company had the exact opposite perspective. If an employee was pretty close to getting FMLA coverage ,they would just honor it and the employee was protected. They didn't worry about it or play games around it.

stepper1725 · October 2012

DD was born in June and I wasn't eligible for FMLA leave until July 31. I was able to use all of my vacation leave, sick leave, and donated leave to get me to July 31. Then I just used unpaid FMLA leave for the rest of my maternity leave. In total, I took 12 weeks off. My employer was very flexible and worked with me to figure it all out.

duchess0727 · October 2012

No - I hired someone last year and she is on leave and doesn't qualify for FMLA and I'm keeping her job. I work for a big company so we can backfill while she is out. It was very hard for me to find someone qualified and it would take me more than her leave time to find a replacement. It depends on how small the company is and what you actually do there.

jnealet · October 2012

My company hired someone that was pregnant when she started, she's still here and her baby is 7-ish months old. She didn't get 12 weeks leave but she did take 6.

TX-Bride · October 2012

Not being covered by FMLA doesn't mean you will get fired!

ChicagoWeded2007 · October 2012

Why not just wait another month or two? I feel your pain, but I am in the same situation and have decided to wait a couple months to TTC. It is stressful because we had infertility issues last time and I know how long it can take to get pg, but I want to make sure my job is secure and also that I get to breastfeed for a year.

Maybride2 · October 2012

Will waiting one month really be that big of a deal to you? I mean, it's not like we're talking years.......you're not even talking monthS.

There's no hard and fast rule for what happens to employees who need extended leave before they are eligible for FMLA. But seriously - why risk it and stress about it? Wait an extra 30 days before TTC.

jc&cat · October 2012

I certainly don't know all the details but I do know that my friend was fired from her job when she was 5 weeks shy of her 1 year anniversary with the company. The baby arrived 10 weeks early. She wasn't trying but you might want to build a little cushion in case you are very fertile

GL!

MKDee · October 2012

Depends on your employer, their STD policies and any other vacation/leave policies that may be applicable. I found out two days before I started a new job that I was pregnant with baby no. 2. I didn't qualify for FMLA, but I negotiated 10 weeks of leave between STD, vacation, floating holidays, etc. It wasn't even remotely an issue at my employer, but I suppose it could be for a smaller company. That said, I certainly don't recommend planning it that way. I'd wait the month or two to start trying! I was very nervous for the first few months until I had my leave plans nailed down.

Strunella · October 2012

I just started a new job on Monday and found out I am pregnant on Wednesday. Baby is due at the end of June, so I will be several months shy of my one year anniversary. I am a bit concerned, but my company offers a very generous maternity leave, paternity leave, and extended FMLA benefits. So, I'm hoping that a company that is so pro-family will not kick me to the curb and allow me to take at least 12 weeks off.

blueandgray · October 2012

I was 1 month shy of 1 year when DD was born, so I could take 6 weeks STD, but didn't qualify for FMLA for the extra 6 weeks. I wanted a full 12 weeks off, so negotiated with my manager & HR, BUT I had a great, open relationship with my boss (worked with her at a previous co) and when she hired me she knew I was trying to get pg. Plus, she is also a working mom and very supportive of family balance, so I knew she'd be on my side.

Since those extra 6 weeks were unpaid anyway, they had it recorded as a sabbatical. It wouldn't legally protect me from being fired or my job changing, but since they knew I was coming back, they were very flexible and supportive.

If you don't (yet) have a great, open relationship with your boss, I'd wait another month to be safe.

ksyknelvr73 · October 2012

Thanks for all the input, ladies. I think I was looking more for any legal jargon that maybe I wasn't aware of. To some of the PP's who think I have "poor planning", that's not the case. I will not TTC if I think my job is in jeopardy. I am totally fine to wait a couple more months. It's not the end of the world. My ideal time to TTC would have been in January, but I don't think that's going to work out, so we'll push it back. Not a big deal - but I wanted to see if any others had experience in any type of situation like this.

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Do you always get fired if you don't qualify for FMLA?

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