maternity leave question... need help

rrrogers2012 · February 2013

Hello, l just started my job and because l will not be there for 1 year when l need my maternity leave they will just give me a 4 week medical leave..... Is there a law where l am entitled to receive a maternity leave of 6 weeks or more?? At this company all leave is unpaid...the maternity leave they give is 12 weeks but they will only give me 4 since l am due in july. Can l fight for a longer time? l mean, come on daycare wont even take a 4 week old!!! l need help

RoxyLynn · February 2013

Check the website for the Department of Labor for whatever state you're in. There really is no such thing as a mandatory maternity leave (let alone paid leave). If you've been there less than a year, then 4 weeks is, relatively speaking, accommodating of them.

lovebug33 · February 2013

At my job, you are only entitled to FMLA if you have worked for one year.

XCrissCrossX · February 2013

At every job you're only entitled to FMLA if you've been there for more than a year. And you're only entitled to FMLA after that if its a company with more than 50 employees and you've worked a certain number of hours.

They aren't legally required to give you anything, unless your state is progressive and has something on the books. I wouldn't bet on it, but you can check it out. If your state doesn't have any laws allowing you more leave (and it will almost certainly be UNPAID) then you don't have much recourse. You can go with the four weeks they give you OR you can leave the company.

That being said, I would try to fight for 6 weeks. That's the time doctors usually give new mothers before returning to normal activities and it seems strange that your company won't give you even that long. Perhaps ask if they might with a doctor's note?

financialdiva · February 2013

Like you said, since you won't be there a year, you do not qualify for FMLA. All FMLA is is job protection. The company is requied by law to hold your job for up to 12 weeks when an event, such as the birth of a child, occurs and requires a leave of absence.

Again, since you do not qualify, they are NOT required by Federal law to hold your job for you. If you miss time, for whatever reason, they can technically let you go. The fact that they are willing to hold your job for you for four weeks is accommodating of them. You could maybe negotiate an additional two weeks and explain to them that daycare won't take your LO until he or she is 6 weeks, and that your doctor won't release you back to work until 6 weeks after birth, but they are by no means required to grant you another two weeks and could deny the request to hold your job open for you.

However, some states such as Cali and NJ have special disability rules, so you may have other options if you live in one of those states.

mben1119 · February 2013

Honestly, the 4 weeks they're offering is generous in terms of our countrys maternity leave. You'll have to find alternative care for the 2 weeks between when you go back to work and when Lo will be old enough to enroll in day care.

thedash · February 2013

You could get a note from your doctor recommending 6 weeks and then meet with your boss to discuss it. I would make sure to explain that you appreciate the leave they have offered and really want to keep your job after the baby arrives. Explain the daycare situation and your doctor's recommendation and ask if you can arrange for 6 weeks. But be prepared for them to say no. Other women on this board have gone back at 4 weeks. It's hard but sometimes you just have to.

azerimama · February 2013

Yes. The federal FMLA laws state that they are supposed to give you 12 weeks unpaid.

XCrissCrossX · February 2013

RBaghirov:
Yes. The federal FMLA laws state that they are supposed to give you 12 weeks unpaid.

Only if you meet the minimum requirements to qualify for FMLA. Which OP does not.

mben1119 · February 2013

RBaghirov:
Yes. The federal FMLA laws state that they are supposed to give you 12 weeks unpaid.nbsp;

Not if she hasn't been there a year, which she states in her op.

sarahjulypsu · February 2013

I'm just lurking but I'm in a simialar situation. I work part time so I'm not protected by FMLA. My workplace does give us six weeks off for natural birth but only if the dr writes a note for that period of time. I am a nurse and work 2 x 12 hour shift's in a row on my weekend to work. I know lots of women go back at 6 weeks and I guess even earliern

When I found out how short my leave would be I felt like crying. Then I decided it's insane! In my area there is a still a nursing shortage. Why should I be forced into a shorter maternity leave because I am part time. I also find it depressing that in our country we have to make such insance choices to have children and a career. I have a meeting scheduled with my manager next week to negoiate extended leave. Luckly for me two nurses just quit and she is begging me to pick up as many hours as possible but I am fully ready to quit and find a new job after baby if needed. I know most people can not do that. My job and career offer alot of flexibility.

LoCarb · February 2013

financialdiva:
Like you said, since you won't be there a year, you do not qualify for FMLA. All FMLA is is job protection. The company is requied by law to hold your job for up to 12 weeks when an event, such as the birth of a child, occurs and requires a leave of absence. Again, since you do not qualify, they are NOT required by Federal law to hold your job for you. If you miss time, for whatever reason, they can technically let you go. The fact that they are willing to hold your job for you for four weeks is accommodating of them. You could maybe negotiate an additional two weeks and explain to them that daycare won't take your LO until he or she is 6 weeks, and that your doctor won't release you back to work until 6 weeks after birth, but they are by no means required to grant you another two weeks and could deny the request to hold your job open for you. However, some states such as Cali and NJ have special disability rules, so you may have other options if you live in one of those states.

This.

At a previous job, an employee took off work the needed time to recover from birth and later took 12 wk FMLA for bonding time when she hit the 1 yr mark. Also, you may be able to find a DC that will enroll prior to 6 wks. At our 1st DC, there was a foster mom to NB's who could not take off 6 wks each time she had a new baby to care for. Therefore, they were enrolled earlier.

I went back at 5 wks and found a someone to sit DD2 for 1.5 wk. My DC was on a waitlist and could not start prior to a specific date.

Jenny952 · February 2013

Your company is not allowed to offer you FMLA unless you've been with your employer for 1 year. So that will not apply. But you should check with your company to see if they offer any short-term disability or maternity leave, which would likely be unpaid but still will hold your job. I work in HR and we do provide some ML to employees with less than 1 year of service and a bit of that is paid. You should also check with your state to find out if they provide any extra leave.

Technically your employer does not need to hold your job. But most of the time they will. They spent lots of time and effort (and money) to hire you and train you and they probably don't want to do that all over again. I would expect they'll give you a 6-week ML, and you could get some of that paid for if you choose to use vacation time or PTO. Your first stop should be to your HR department to get more information on your leave and then talk to your manager about how much time you want off. Don't ask, how much time can I take? Figure out how much you want and ask for that... 8 weeks? Even 10? Propose a plan for your job while you're out and work with them to create a training manual or finish important projects. Good luck!

ktastad · February 2013

For my leave, I'm using up all my accrued sick time, then making up the rest of the 6 weeks with advanced sick time. Definitely not the ideal situation, since I won't have sick time to use for like 2 years but its what I've got to do.

Can you use sick/vacation time to help make up the extra 2 weeks? Or, if your employer allows it, stockpiling some comp-time hours?

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maternity leave question... need help

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