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Maternity Leave/FMLA

Marshmallow&LilypadMarshmallow&Lilypad member
in Working Moms
Hi there. Quick question, sorry if this has been asked recently. My H and I are discussing TTC #2 sooner rather than later, however, I MIGHT be switching jobs in the next few months. I know for FMLA you have to be somewhere a year in order to qualify but am I guaranteed any time off? Could I be terminated? I am in Arizona if that helps. TIA!
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Re: Maternity Leave/FMLA

  • ASmallWonderASmallWonder member
    Your employer would have to treat you the same as any other person with a disability for the time your doctor deems you physically unable to work, which is likely only a few weeks.  Beyond that though they can absolutely let you go and you are not entitled to any bonding time, so to speak.
    Formerly known as elmoali :)

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  • Marshmallow&LilypadMarshmallow&Lilypad member
    Thanks for the reply. Makes sense. For clarification, I don't think I made it clear, can they terminate me during that "disability period" that I would be allowed to take?
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  • Pips09Pips09 member
    The short answer is no. If you are not eligible for FMLA, you will not be guaranteed any time off. PP is correct that you will be treated as any other non-FMLA eligible employee while you are disabled by your doctor, but while it is good practice to follow the doctor's orders, you are still not guaranteed anything.
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  • cecilyandgautamcecilyandgautam member
    Right, so you wouldn't be covered under FMLA. You probably would be covered under anti-discrimination laws and whatever disability protection there is in your state. Additionally, a lot of companies have their own internal policies that they need to consistently apply to employees in order to be guilty of discrimination, so if it's their policy to allow 6 weeks of STD even to employees who haven't been there for a full year yet, then that's their policy. It just depends - you're going to have to read your new company's policies and negotiate the rest when the time comes. Most places would want to work with you, but you won't be entitled to 12 weeks like you otherwise would be under FMLA. 
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  • ss265ss265 member

    I am somewhat in a similar position - I'm currently pregnant and a company recently approached me about a position. If I choose to pursue it, I am planning to disclose my pregnancy at the offer stage and discuss my maternity leave options then. FMLA requires a year of employment so if you have to go out on maternity leave prior to a year, you are taking a risk that they could terminate you but I think discussing it prior to accepting the position is key. That way no one is surprised after you start working.

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  • Marshmallow&LilypadMarshmallow&Lilypad member
    Thank you, ladies! This has been super helpful.
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  • Maybride2Maybride2 member
    Actually, I don't see how anti-discrimination laws would help you here. Most STD policies have a 30 - 60 day waiting period and don't cover any pre-existing conditions for anywhere from 6-12 months. So if you came in already pregnant, you may not qualify for std coverage for it. You'd be eligible to take any sick/vacation/personal time that you had accrued by the time you delivered, but they wouldn't be obligated to give you more and they could legally fire you for not reporting to work after your time ran out......that's not discrimination. You're best bet is to negotiate some sort of leave upon a new job offer.
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  • FemShepFemShep member
    Just so you know, FMLA is limited job protection. You only get an "equivalent" position, it only applies if your company is above a certain size, and it does NOT apply if you have a "critical" position. Also, if you would have lost your job if you were not on FMLA (for example, if your company closes down your worksite), you can still lose it when you're on FMLA.
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  • ASmallWonderASmallWonder member
    @Maybride2 she may not be eligible for the payout through the insurance company that provides the money for short term disability but that's not related to how an employer legally has to treat a disabled worker.  For example, a company may not even HAVE a STD program but that doesn't mean they're allowed to ignore a documented disability of one of their employees. 
    Formerly known as elmoali :)

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