Help me understand FMLA and reduced work load...

AJC&Maggie · May 2014

Sorry, this is my second post on this topic:
I live in MA and work for a large company. I am 36weeks with twins.
Doc just had me reduce my hours from 40/week to 20/week because I am so edematous and sore.
I contacted HR and was told this will come out of my FMLA time, but then a different HR person told me it would not come out of FMLA. She said its a totally "different bucket".
So does working reduced hours now, mean less time with my babies once they come??
Help, I am so confused! I want the full 14weeks post part im that I am entitled to.

chrissynena · May 2014

I have already been put on reduced hours. I am working 8 hour days as opposed to 12. That 4 hours a day comes off my 12 weeks fmla time.

AJC&Maggie · May 2014

Really! I want every minute with the babies once they come!
I just don't get why HR can't get their story straight! So it sounds like the weekly FMLA time can get broken down hourly like in your situation.

SV917 · May 2014

Your employer can require you to take intermittent FMLA leave and that would count towards FMLA's 12 weeks. However, Massachusetts has a maternity leave act that gives moms of twins 16 weeks of leave. I'm not a Massachusetts attorney, so I don't know how FMLA and MMLA work together, but that might be what HR was talking about when it said different buckets.

Here's some info on MMLA. I'd ask your HR about it.

https://www.mbbp.com/resources/employment/newsletters/ela/ELA - March 2004.pdf

SV917 · May 2014

From the link:

Practical Tip

While FMLA and MMLA leaves frequently run concurrently, they some- times do not. Since the FMLA also entitles eligible employees to twelve weeks of leave for serious health conditions (conditions both related and unrelated to childbirth), the FMLA and the MMLA can give an employee a total of twenty weeks of leave, or even more, in a twelve month period.
For example, a pregnant employee might be entitled to twelve weeks of FMLA leave due to pregnancy-related complications and still be entitled to eight additional weeks of leave under the MMLA after giving birth.

So it sounds like you will use intermittent FMLA leave for your reduced schedule and then get your full 16 weeks from MMLA.

chrissynena · May 2014

Also no matter how much paid time my employer will give me (12 weeks 100% paid), my OB will only write me off for 8 weeks (c section) so I am ok tapping into my fmla now. Plus I am going to SAH once the babies come.

katekat8721 · May 2014

I'm in CA. When I started reduced hours it started my FMLA clock (but I also went out on disability, so it started my STD clock as well). After babies are born it turns into LTD disability/FMLA/CFRA where I'll get 12 weeks (only some of which is paid).

AJC&Maggie · May 2014

Wow, this is great information.
Very confusing, but helps so much!
Thank you so much girls!!

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