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Working Moms
RedLipstick69
member
Ineligible for FMLA
RedLipstick69
member
in Working Moms
Forgive me if this question has been posted before. This is my first time on WMB. I started my new job in July 2012. I will be giving birth in June 13. I may not qualify for FMLA and am starting to worry/stress about it. I am going in to meet with HR to discuss my benefits/eligibility today. I know I am eligible for 8 wk leave.
My plan is to take 12 weeks unpaid leave.
My questions are:
What are some negotiating tactics to use if you are/were in a similar situation?
What are my options for an extended leave?
TIA
This discussion has been closed.
Re: Ineligible for FMLA
I made my "1 year anniversary" by 6 days (started Jan 10 2011, DD was born Jan 16 2012!) so I was concerned about this.
If I had missed that mark, I was going to ask my employer if I could either work from home for X amount of weeks OR have modified hours (come in early and leave early- but keep the same hours). I don't know if either of those would be an option for you.
I actually DID wind up having a slightly modified schedule for the first 6 weeks I was back (even though I did have a 12 week leave). I took half days two days a week for 6 weeks-- I used my accrued PTO for this, though, so different from any FMLA / maternity leave. It was just something I managed to get approved by my bosses before I gave birth.
Good Luck to you!
BFP 1- EDD 2/09/11 Missed MC DX @11 weeks D&C- 7/25/10 BFP 2- EDD 12/22/11 Natural MC @ 5w 2d BFP 3- EDD 1/25/12 DD Josephine born 1/16/12
Qualifying for FMLA just means your employer needs to hold your position or a comparable one for you until you return (max 12 weeks). It doesn't mean that an employer won't otherwise hold your position for you. I would ask HR if you are entitled to another form of leave through company policy (mat leave, leave of absence, short term disability, etc.) and see what they can offer. Just know, that they're not required to hold your position.
I think it helps if you go into the conversation with a well-thought out plan for when you plan to go out, when you plan to return, how you're going to tie up lose ends and train someone to cover for you, etc. I think it shows them you're serious about the position and serious about returning.
If I were in that position, I would be going into that meeting asking them to hold my job for six weeks, not twelve. I would also see if I could get anything in writing from them.
Just curious, what makes you say that you are eligible for eight weeks? Is it a company policy?
Duke's House: Eating and Running with the Big Dog in Chennai: eatrunbrit.com
2010 Race PRs:
5K - 24:57 10M - 1:28:20 13.1M - 1:57:29 26.2M - 4:28:29
Why do you think she should only ask for the bare minimum? If I was working at a company that wanted to fire me for taking ML, well I don't think I'd really want to work there. Unless there is some reason that they wouldn't be able to hold her job, I really don't see a few extra weeks as being a big deal.
You really don't have any strong negotiating tactics here. They don't have to hold your job for you. Period. They may choose to anyway, but they are not obligated to. Most employers would rather not hire someone new and train them if they feel confident you will come back after your leave though. So I would try to make it clear that you intend to return and want to agree on a length of leave that they can deal with but you will feel able to return after as well.
I took my first maternity leave from an employer while not covered by FMLA. I took 8 weeks after a c/s. HR called me repeatedly before my due date to remind me that I was not protected by FMLA and they could terminate me while on leave. Then they sent me a letter stating the same and followed with an email. They were just doing some CYA. I felt confident that it was not worth it to them to hire and train someone new just because I was out for two months. But I knew that if budget cuts hit during my leave I was the likely layoff. It didn't happen and I went back to work without incident.
Great News! I stressed over nothing. My job is extremely flexible when it comes to Maternity Leave and will even provide additional time if I needed. Job security is not an issue here, not every employer policy is black and white. I'm truly blessed.
I knew I made the right decision joining this team
Yeah, WTH?
Ditto- OP people were giving you advice, which you asked for, no need to be rude.
While I agree with you, I work at a non-FMLA qualifying company and only asked for 8 weeks off. I thought about asking for 12 weeks, but I work in a very small firm and the owner of the company is the only one who can cover for me while I'm gone. I work in a technical field (engineering) so it's not like they can hire someone temporarily. I only asked for 8 weeks off as a courtesy to my employer and to show that the company is important to me.
Most people who are ineligible for FMLA are also not getting much (if any) paid leave while they are out. And many have to pay for their health insurance or other benefits out of pocket during the unpaid portion of their leave.
8 weeks is what I requested because it's what DH and I felt comfortable with financially at the time. 12 would have been nice but isn't realistic for everyone, unfortunately.
Because they need their job? I was offered a job in January, asked for 4 weeks of unpaid leave in May for the birth of my child as part of negotiating for the job, and had my job offer rescinded.
Pregnancy discrimination is hard to prove.