Maternity Leave Rant- help?!

KThorsen23 · February 2013

So I am 14 weeks and started thinking about maternity leave. I live in CA and researched all the facts. I talked with my job and their paid maternity leave runs concurrently with Short Term Disability and I was told it starts on the day I deliver. My direct response was, ok so I am expected to be here literally up until I deliver? They told me I could use vacation days for prior to my due date. Problem is I have already used vacation days for doctor's appointments, being sick, family coming in to town and me going out of town. I think it's impossible for them to expect a pregnant lady to save every single vacation day in hopes to leave a bit before the due date. Apparently there are 4 weeks you are supposed to have before your due date that you can leave if you live in CA. I have reserached but am still unclear as to how to get it. Has anyone who has had a semi-normal pregancy (I had some bleeding up until a few weeks ago) been able to be signed out at 36 weeks? If so please share your stories! I have a stressful job that will just get increasingly harder in the next few months regardless of me being pregnant or not. Call me crazy but I do not feel like dealing with this when I am in my 9th month.

bakerlm · February 2013

Just wanted to say I worked until my delivery. I also saved as many of my sick/personal days as I could and scheduled as many appointments as I could outside of work hours.

KThorsen23 · February 2013

I was sick, not feeling well and I took a few doctors appt's as half days b/c they were not workable into my schedule. I still think it's rediculous they think any person is going to save up every vacation day regardless of pregnant or not. The thing is I have a demanding job and they don't care if your pregnant or not. I cant just come in late if I am not feeling well, I have tried and still get calls from work on my work cell while trying to take 2 hours to rest off a migraine. I definetely don't think I can handle it all later on, nore do I want to try to prove it to any of them. I am able to take unpaid leave and it would not be a problem financially but my work said it would be a ground for termination. I just was puzzled by the whole way I was treated. I will be talking to my doctor, I was wondering if anyone had gone through contacting their doctor about it yet?

katharine25 · February 2013

It's only February, how have you used all your vacation days already? Of you have to take a day off for every appointment, you might want to find a doctor closer to you... There's still a lot more appointments in the next 26 weeks.
I also think its a little unreasonable to expect your employer to let you get off work at 36 weeks just because your 36 weeks, unless your excluding some important information here.

nnikki10 · February 2013

I'm in California and will be working right up til at least my due date and yep I've been saving all my vacation time. I just try to schedule DRs appt for my lunch break.Plus we have a long time til August I'm sure you will accrue more vacay time.

mben1119 · February 2013

I worked until I delivered, at 5 days after my due date. It can be done. Unless you have a legitimate medical disability, which pregnancy is not, your doctor isn't going to pull you from work early.

3sweetloves · February 2013

I delivered both my kids in CA....there is no 4 weeks that you are supposed to get before your due date. You are able to take time before due date/delivery, but yest you would use vacation time. Otherwise you could take it w/o pay. So what your HR is saying is more than likely correct.

KThorsen23 · February 2013

I'm not saying it's impossible to work up until you deliver. What works for one person may not work for another and I don't think it's right to say everyone should work up until the day they deliver but then again I havent been there yet. Didn't mean to turn this into an attack- was just simply asking if anyone else had experience with not wanting to work up until a due date due to an extremely stressful job. I am not trying to get paid leave by any means. Sorry if I offended anyone.

kajordan09 · February 2013

I worked up until I delivered as well with no problem. And consider yourself lucky for getting ANY paid maternity leave. I did not...I didn't even qualify for FMLA, so technically my employer could have required me to work until I delivered and then required me to come back the next day. Fortunately they were not that cruel, but all my leave was still unpaid.

mben1119 · February 2013

KThorsen23:
I'm not saying it's impossible to work up until you deliver. What works for one person may not work for another and I don't think it's right to say everyone should work up until the day they deliver but then again I havent been there yet. Didn't mean to turn this into an attack was just simply asking if anyone else had experience with not wanting to work up until a due date due to an extremely stressful job. I am not trying to get paid leave by any means. Sorry if I offended anyone.

If you don't have vacation time saved, then you don't get time before delivery. Fmla doesn't cover general maternity discomfort.

ASmallWonder · February 2013

I know CA has different leave options and I can't speak to those. But I can tell you that most people work until they deliver - I worked until 41+ last time. And yes, it is perfectly reasonable that they expect you to save you vacation time to use in order to take time off in a manner that isn't covered by your regular leave. Sorry but that's just the way it goes. And you can use FMLA now to cover your doctor appointments (in fact, lots of employers require that you do). It doesn't pay you but it does mean you can't be fired for doing it. It will just decrease the amount of time you're able to take after the birth because it still maxes out at 12 weeks.

KThorsen23 · February 2013

" And you can use FMLA now to cover your doctor appointments (in fact, lots of employers require that you do). It doesn't pay you but it does mean you can't be fired for doing it. It will just decrease the amount of time you're able to take after the birth because it still maxes out at 12 weeks. "

thank you I will look into this!

Soleil3 · February 2013

OP save your time off until after the kid gets here, you'll be kicking yourself if you don't.

And being 40 weeks pregnant is uncomfortable, but really nothing more. If you get to 36 weeks and your doc puts you on bed rest, obviously you have an issue and you should deal with it then, but you are really putting the cart before the horse here.

BrideMay2005 · February 2013

You may be eligible for FMLA. At least at my work it runs concurrent with STD but is typically longer than STD approves for maternity leave. You wouldn't be paid and need a note from a medical provider.

But personally, I'd start saving your vacation now if you earn it throughout the year so you have some flexibility if this is really worrying you.

Lelo2006 · February 2013

3sweetloves:
I delivered both my kids in CA....there is no 4 weeks that you are supposed to get before your due date.nbsp; You are able to take time before due date/delivery, but yest you would use vacation time.nbsp; Otherwise you could take it w/o pay.nbsp; So what your HR is saying is more than likely correct.

State disability does allow you to leave work and receive a portion of your salary four weeks before your due date. There is a 7 day waiting period, however, before you can begin collecting.

I am not sure why the op didnt start saving vacation days a while ago. I've known about the policy at my job since before I got pregnant and I've saved nearly 4 weeks. It's too late now, but it's a little irresponsible to be mad at work about it....

Lelo2006 · February 2013

mabenner1:
I worked until I delivered, at 5 days after my due date. It can be done. Unless you have a legitimate medical disability, which pregnancy is not, your doctor isn't going to pull you from work early.

Wow, you'd be surprised. I think most ob's will write your employer a letter for modified bed rest if you ask. Especially if your job is stressful, a long commute, etc.

meep13 · February 2013

i really have no sympathy. I will have been at my job for a year when I'm due and have only used one vacation day and 3 sick days for our son. I have to use all my vacation and sick leave then take leave without pay I will be lucky if i get 3.5 weeks paid and thats as long as no one gets sick or day care closes for her being sick in the next 5 months. i would love to have STD but its not one of the benefits we get so we're doing our best to save some extra cash now. sometimes you just have to take what you can get and make the best of it. Good luck hope you get things figured out!

Lelo2006 · February 2013

baby Gs mommy:
I too live in CA and will be working right up until the day before my scheduled C section. I will only be able to take what disability allows because my company is not large enough for me to get additional time off through FMLA. I was reading the online guidelines for CA disability and you can take 4 weeks off prior to deliveryI think it has to be dr approved but you wont be paid by disability. For my DR appts, I schedule them for the latest appt possible and only end up losing a couple hours of pay per month. Id rather do that than use all my vacation time before LO arrives.

I'm confused... Maybe you don't get paid anything for those 4 weeks before? I had read that you get some portion but it's possible that was wrong...

Lelo2006 · February 2013

lalvillar06:
baby Gs mommy:
I too live in CA and will be working right up until the day before my scheduled C section. I will only be able to take what disability allows because my company is not large enough for me to get additional time off through FMLA. I was reading the online guidelines for CA disability and you can take 4 weeks off prior to deliveryI think it has to be dr approved but you wont be paid by disability. For my DR appts, I schedule them for the latest appt possible and only end up losing a couple hours of pay per month. Id rather do that than use all my vacation time before LO arrives.

I'm confused... Maybe you don't get paid anything for those 4 weeks before? I had read that you get some portion but it's possible that was wrong...

.

https://www.edd.ca.gov/disability/FAQ_DI_Pregnancy.htm

I believe you can start receiving benefits up to 4 weeks before delivery with a normal pregnancy. It might be a good idea to call.

Lelo2006 · February 2013

GhostMonkey:
lalvillar06:
mabenner1:
I worked until I delivered, at 5 days after my due date. It can be done. Unless you have a legitimate medical disability, which pregnancy is not, your doctor isn't going to pull you from work early.

Wow, you'd be surprised. I think most ob's will write your employer a letter for modified bed rest if you ask. Especially if your job is stressful, a long commute, etc.
No they won't and they should not if you don't need it. You're pregnant, not sick. Discomfort and inconvenience are not medical conditions.
 

It says on the ca sdi website that you can go out 4 weeks before with a normal pregnancy. And yes, they will if you are uncomfortable. My boss just had one written and she was perfectly healthy, just tired and uncomfortable.

rissa06 · February 2013

lalvillar06:
GhostMonkey:
lalvillar06:
mabenner1:
I worked until I delivered, at 5 days after my due date. It can be done. Unless you have a legitimate medical disability, which pregnancy is not, your doctor isn't going to pull you from work early.
Wow, you'd be surprised. I think most ob's will write your employer a letter for modified bed rest if you ask. Especially if your job is stressful, a long commute, etc.
No they won't and they should not if you don't need it. You're pregnant, not sick. Discomfort and inconvenience are not medical conditions.

It says on the ca sdi website that you can go out 4 weeks before with a normal pregnancy. And yes, they will if you are uncomfortable. My boss just had one written and she was perfectly healthy, just tired and uncomfortable.

thats not correct. I know plenty of obs who won't write you out because you are just uncomfortable. Mine is one of them.

Lelo2006 · February 2013

rissa06:
lalvillar06:
GhostMonkey:
lalvillar06:
mabenner1:
I worked until I delivered, at 5 days after my due date. It can be done. Unless you have a legitimate medical disability, which pregnancy is not, your doctor isn't going to pull you from work early.

Wow, you'd be surprised. I think most ob's will write your employer a letter for modified bed rest if you ask. Especially if your job is stressful, a long commute, etc.
No they won't and they should not if you don't need it. You're pregnant, not sick. Discomfort and inconvenience are not medical conditions.
 

It says on the ca sdi website that you can go out 4 weeks before with a normal pregnancy. And yes, they will if you are uncomfortable. My boss just had one written and she was perfectly healthy, just tired and uncomfortable.
thats not correct.  I know plenty of obs who won't write you out because you are just uncomfortable.  Mine is one of them.
 

Ok. I will amend my answer. Some obs will. And in CA, you can go out 4 weeks before with a normal pregnancy.

vintageutopia · February 2013

This is my third child and I fully expect to work up until my due date with this one too. It is pretty normal for people to work until their due date.

As far as the 4 weeks, you may get the time off, but I would be surprised if it is paid, since you have no PTO available.

jane.says · February 2013

I worked until the day I delivered with both of my kids and I will do it again for this one. I did this because I wanted to be able to use all of my time with the baby, rather than just sit around and be pregnant waiting. Honest opinion: I don't think you're being reasonable and your late pregnancy discomfort is not your employer's responsibility.

Carrie3102 · February 2013

I usually don't post here, just lurk, but I felt I needed to chime in here.

I too have a demanding job. I worked until 37 weeks with DD then used 2 weeks of vacation. The maternity leave I have at my job offers 10 weeks paid at 100% but you have to take 2 of those weeks prior to delivery, those 2 weeks are STD. I was due Dec 2nd and took the week of as my first week of STDleave. DD was born on the 5th and that's when my 8 weeks of maternity leave started. I lost the other week. I was off for a total of 10 weeks 2 of those being my own saved vacation time.

It is not unreasonable for your employer to ask that you use your vacation for time outside of their maternity policy.

Why should your employer pay you for days you aren't going to work that you're not taking STD, vacation, sick or other paid leave for? You seriously think that's reasonable?

I think you need to try to schedule your dr visits on off hours, lunch, before work, after work. I don't know about where you live/work, but the offices in my area open at 7:30. So, if you don't work until 9 am then you could try for 7:30 apts.

Just a thought. But expecting your employer to just "give" you 4 extra paid weeks is a bit ridiculous IMO. If you are put on bedrest at the end that's different.

kcox123 · February 2013

THis isn't helpful for your with your more legal question but I work full-time and have always worked up until the day of delivery. My first was 10 days past EDD and I worked until the birth still. I always wanted to save all my time for baby. Was I miserable at the end? Yes. But I guess I just preferred to be miserable alone at work rather than have less time with my baby.

Liz4444 · February 2013

lalvillar06:
GhostMonkey:

lalvillar06:
mabenner1:
I worked until I delivered, at 5 days after my due date. It can be done. Unless you have a legitimate medical disability, which pregnancy is not, your doctor isn't going to pull you from work early.
Wow, you'd be surprised. I think most ob's will write your employer a letter for modified bed rest if you ask. Especially if your job is stressful, a long commute, etc.

No they won't and they should not if you don't need it. You're pregnant, not sick. Discomfort and inconvenience are not medical conditions.

It says on the ca sdi website that you can go out 4 weeks before with a normal pregnancy. And yes, they will if you are uncomfortable. My boss just had one written and she was perfectly healthy, just tired and uncomfortable.

I'm guessing it's also this type of person that then b!tches about not getting equal rights as men in the work place.

BelhurstBride · February 2013

I didn't make it through all of the responses but with DD I worked right up until the day I went into labor. In fact, I tried going to work that day figuring I could deal with the early labor while at work. (It was a half day for the kids.)

It's pretty standard to have to work until your due date or take vacation time.

JaimeCH · February 2013

KThorsen23:
I was sick, not feeling well and I took a few doctors appt's as half days b/c they were not workable into my schedule. I still think it's rediculous they think any person is going to save up every vacation day regardless of pregnant or not. The thing is I have a demanding job and they don't care if your pregnant or not. I cant just come in late if I am not feeling well, I have tried and still get calls from work on my work cell while trying to take 2 hours to rest off a migraine. I definetely don't think I can handle it all later on, nore do I want to try to prove it to any of them. I am able to take unpaid leave and it would not be a problem financially but my work said it would be a ground for termination. I just was puzzled by the whole way I was treated. I will be talking to my doctor, I was wondering if anyone had gone through contacting their doctor about it yet?

If your workplace qualifies for FMLA then you should get 12 weeks off protected from termination. This doesn't get you paid, but it protects your employment while on maternity leave.

I'm kind of rolling my eyes at a lot of your posts though because you seem to think that pregnant women should be treated differently. It really isn't that hard to save your sick and vacation time for leave and work until you deliver. I think that it is actually pretty common practice. Perhaps you should have looked into the policies at your work before using your PTO.

rissa06 · February 2013

lalvillar06:
rissa06:
lalvillar06:
GhostMonkey:
lalvillar06:
mabenner1:
I worked until I delivered, at 5 days after my due date. It can be done. Unless you have a legitimate medical disability, which pregnancy is not, your doctor isn't going to pull you from work early.
Wow, you'd be surprised. I think most ob's will write your employer a letter for modified bed rest if you ask. Especially if your job is stressful, a long commute, etc.
No they won't and they should not if you don't need it. You're pregnant, not sick. Discomfort and inconvenience are not medical conditions.

It says on the ca sdi website that you can go out 4 weeks before with a normal pregnancy. And yes, they will if you are uncomfortable. My boss just had one written and she was perfectly healthy, just tired and uncomfortable.
thats not correct. I know plenty of obs who won't write you out because you are just uncomfortable. Mine is one of them.

Ok. I will amend my answer. Some obs will. And in CA, you can go out 4 weeks before with a normal pregnancy.

NJ does the same. you can be written out 4 weeks prior as well, but it is up to the doctor.

atangiblewish · February 2013

I'm working until I go into labor (god willing). I have a desk job so it will be easy. I don't get FMLA since I just started this job in October. But I am getting 12 weeks with STD. My dr is an hour away so I can't go on my lunch. But to save my PTO time, instead of an hour lunch, I take 30 min lunches the weeks I have an appt. The last appt is 4:15 and I always take that one. If you have hour lunches and your boss is willing, maybe you can do that.

audbeach · February 2013

somerandomchick:
Kemare20:
Why are you using vacation days for doctor appts? Can't you just do them on your lunch breaks?Does CA have FMLA or is Short Term Disability the same thing? And you will more than likely be fine working up until your due date. I worked to 40 weeks 2 days. Yeah, I was TIRED but it wasn't impossible. Just take good care of yourself throughout your pregnancy. Not only that, you have several more months to accrue some vacation days. You will be fine. We all have to do it. Worst case is that you won't get paid for a month or so. If you can't afford to take that hit then, well... you know where I am going.nbsp;
FMLA is the federal law for 12 wks unpaid. CA has better laws, if I recall, than the FMLA provisions. I'm in WA and we get 8 weeks under WA law and then 12 weeks FMLA, and the WA law covers smaller companies and newer employees. The short term disability is paid time off when you are physically unable to work. My STD coverage has a special maternity leave type which is full pay instead of partial etc. But unless you can get your doctor to say you are physically incapable of working, which for most jobs the average 40wks pregnant woman is not, you won't get paid, even though you should be able to use FMLA for pregnancy stuff like appointments I think. But, OP, just be very grateful you have maternity STD which a huge percentage if working moms don't get. Lots of women have to save their vacation days in order to get paid at all during their leave.

Agreed. I get FMLA, but I don't get any STD from my company. So any time I take off after baby is born is paid out of the limited amount of PTO I get or is unpaid.

With DD, I worked until I was 39 weeks, during which my water broke on the weekend.

BlueJewelM · March 2013

Hmmmm. I worked up until 41 weeks. The day I had DS. I work retail management. I don't have an office, I can't sit down much. I was fine.

It was also like 100 degrees most of July. Of course, with air conditioning and dq blizzards I survived! GL!

Cheryls24 · March 2013

In OH, i must use up my vacation benefits before taking unpaid FMLA time. I get ST Disability then I have to take my vacation time. Whatever portion of the 12 weeks I haven't used I can take as unpaid leave under FMLA. If I want to take time off before the baby is born, I either need to use vacation or get the doctor to say I'm not capable of working and start STD early. The laws are meant to protect your job not your benefits. If you are lucky your company offers additional maternity leave on top of your vacation time and will allow you to use it pre-birth, but most of us are not that lucky.

Cheryls24 · March 2013

atangiblewish:
I'm working until I go into labor (god willing). I have a desk job so it will be easy. I don't get FMLA since I just started this job in October. But I am getting 12 weeks with STD. My dr is an hour away so I can't go on my lunch. But to save my PTO time, instead of an hour lunch, I take 30 min lunches the weeks I have an appt. The last appt is 4:15 and I always take that one. If you have hour lunches and your boss is willing, maybe you can do that.

Cheryls24 · March 2013

atangiblewish:
I'm working until I go into labor (god willing). I have a desk job so it will be easy. I don't get FMLA since I just started this job in October. But I am getting 12 weeks with STD. My dr is an hour away so I can't go on my lunch. But to save my PTO time, instead of an hour lunch, I take 30 min lunches the weeks I have an appt. The last appt is 4:15 and I always take that one. If you have hour lunches and your boss is willing, maybe you can do that.

What state do you live in? How do you already know you are getting 12 weeks STD. I've been told standard STD is 6 - 8 weeks and 8 is the longer amount of time if you end up needing a C-section with no other major complications. Just curious.

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