FMLA…I'm confused! :(

awalter5110 · May 2014

So I've never had to take any type of leave before and I am so so confused about FMLA. I know that the law allows 12 weeks of leave in a 12 month period, and this is what I planned to take. However, I went to the OB today and the girl at the desk filled my papers out for me. She put 6-8 weeks postpardum on them. I asked her about taking the 12 full weeks and she said "Oh we do 6-8 and then the FMLA will kick in for the rest." I didn't question her because I just wanted to get out of there and take the papers to my job. After I thought about what she said I realized that it didn't make sense, considering the paper she filled out WAS my FMLA paper…so now I am SUPER confused. Are they only going to allow me 6-8 weeks? Or is there a way to do the full 12? I didn't know that your leave was dictated by the doctor, I thought you could take what you chose to take. Can anyone explain this better to me?

Peedy · May 2014

I don't know anything about this.. but if you qualify for FMLA (your company has over 50 employees, you've been at your job for over a year), then by law your job has to hold your position for 12 weeks. I don't think it has much to do with dr paperwork, you just need to let HR at work know that you're having a baby and when you'll be leaving and returning back.

shaylagirl · May 2014

FMLA, from what I understand (I might be wrong, in which case, apologies), simply means that for 12 weeks, your job is 'protected' while you're out of the office. You can take the 12 weeks, paid OR unpaid, but for those 12 weeks, your company or business must hold your job for you.

Now, regarding getting paid during this time, that's up to each business.

For my OWN business (State agency), I am granted 6 weeks (vaginal delivery) or 8 weeks (CS) of leave ALONG WITH the 12 weeks of FMLA. For me to get paid during the 12 weeks, I've paid in to short term disability at work (that will cover those 12 weeks at a slight pay cut). My current plan is use my vacation/sick/comp time at work for 4 weeks until my short term kicks in, at which point I'll transition over to short term disability for the duration.

It might be worth your time to sit down with someone from your HR department and ask these questions. I made an appointment with the head of my HR department to ask LOTS of questions; from FMLA, to how to get the LO on my health insurance, to when/how do I change my life insurance through work, where can I pump at work in privacy and any other little questions I had.

awalter5110 · May 2014

ThoseThreeWords said:

6 weeks is standard medical recovery time for a vaginal delivery.
8 weeks is standard medical recovery time for a c/s.

The other 4-6 weeks are for "care of a newborn." Maybe you have to get the pediatrician to fill that part out?

I would ask your HR.

I know it makes a difference some offices as to what you can use your paid sick leave on. Some only allow you to use your paid sick leave time for 6 or 8 weeks for recovery.

I think this is what I have to do. My boss said there was a paper that I would need to take to the 'baby doctor'. Lol. So I assume thats what she meant. I don't have any paid leave at all so its all completely unpaid. I only work part time and its a hair salon. They don't give you sh*t. No sick days, personal days, etc. And if you are part time you get no paid vacation. And I was completely fine with the 12 weeks being unpaid but between my boss and my doctors office they confused the crap out of me. Lol

awalter5110 · May 2014

shaylagirl said:

FMLA, from what I understand (I might be wrong, in which case, apologies), simply means that for 12 weeks, your job is 'protected' while you're out of the office. You can take the 12 weeks, paid OR unpaid, but for those 12 weeks, your company or business must hold your job for you.

Now, regarding getting paid during this time, that's up to each business.

For my OWN business (State agency), I am granted 6 weeks (vaginal delivery) or 8 weeks (CS) of leave ALONG WITH the 12 weeks of FMLA. For me to get paid during the 12 weeks, I've paid in to short term disability at work (that will cover those 12 weeks at a slight pay cut). My current plan is use my vacation/sick/comp time at work for 4 weeks until my short term kicks in, at which point I'll transition over to short term disability for the duration.

It might be worth your time to sit down with someone from your HR department and ask these questions. I made an appointment with the head of my HR department to ask LOTS of questions; from FMLA, to how to get the LO on my health insurance, to when/how do I change my life insurance through work, where can I pump at work in privacy and any other little questions I had.

I would love to sit down with someone, but I work for a franchise. We have a district manager and an owner. Anything else I guess I would have to call the corporate office? My mom is in HR (for a different company) so I am going to talk to her and get her insight. I called her a little bit ago but she was too busy to talk. Once she calls me back hopefully I will understand what the hell I am suppose to do. Lol.

awalter5110 · May 2014

mrswoods0913 said:

I work in HR and managed my companies FMLA for 5 years...I think the woman at your doctors office confused FMLA with short term disability. So long as you qualify, your company is required to keep your job for 12 weeks of leave for child birth. If I had received paperwork that said 6-8 weeks for child birth I would have just confirmed with the employee how much time they actually intended to take (not everyone takes the full 12 weeks) and it wouldn't matter that the paperwork said 6-8 weeks. Its obvious you're having a baby and FMLA specifically outlines childbirth as eligible for 12 weeks. I hope this helps and as previous posters have said, you should schedule a time to meet with your HR department. That way you can get all of your questions answered and get the answers strait from the people that will be administering your leave.

Ok that makes sense. So do I just tell my boss I am taking 12 weeks, no matter what my papers say? Do I need to get that paper that the pediatrician fills out for the rest of the 12 weeks thats not specified on my papers or do I just tell my boss and thats that?

awalter5110 · May 2014

mrswoods0913 said:

awalter5110 said:

mrswoods0913 said:

I work in HR and managed my companies FMLA for 5 years...I think the woman at your doctors office confused FMLA with short term disability. So long as you qualify, your company is required to keep your job for 12 weeks of leave for child birth. If I had received paperwork that said 6-8 weeks for child birth I would have just confirmed with the employee how much time they actually intended to take (not everyone takes the full 12 weeks) and it wouldn't matter that the paperwork said 6-8 weeks. Its obvious you're having a baby and FMLA specifically outlines childbirth as eligible for 12 weeks. I hope this helps and as previous posters have said, you should schedule a time to meet with your HR department. That way you can get all of your questions answered and get the answers strait from the people that will be administering your leave.

Ok that makes sense. So do I just tell my boss I am taking 12 weeks, no matter what my papers say? Do I need to get that paper that the pediatrician fills out for the rest of the 12 weeks thats not specified on my papers or do I just tell my boss and thats that?

It really depends on your employer. When they get the paperwork that says 6-8 weeks they could be jerks and make you get more paperwork stating 12 weeks. Personally, if i was HR in your situation I would just take the paperwork and know that childbirth guarantees 12 weeks of job protected leave but your employer could be a jerk and ask for more paperwork. Sorry, I feel like this isn't very helpful but it really depends what your employer wants to see and how far out of your way they want to make you go.

Thank you so much for responding, you helped me understand this confusing crap! I will talk to my boss and see what she says regarding this. If I need to call corporate or something I will I don't care, I want my 12 weeks! Lol! Thank you again!

Raclla · May 2014

I have always understood it that FMLA is 12 weeks of protection while under the care of a doctor. If your doctor (or baby's pediatrician - I don't know anything about baby care leave rules) does not sign off on your leave, they can tell you no.

Close friend had this issue. Her doc filled out her FMLA for 8 weeks (c-section). Her job (large corporate company with a huge HR department) expected her back after she was out from under his care. She went back to the doc and explained the situation. She had some extenuating circumstances (premature birth, baby in NICU for two weeks, PP complications), and the doc agreed to extend his care until 12 weeks. That was the only way her HR department would recognize her full FMLA. (She has other STD that was not a factor in the FMLA situation.)

I work for a much smaller, family-owned business. My FMLA paperwork had the same 6-8 weeks stated. My job has a one-woman manager/HR. They questioned the stated leave time on the paperwork. I told them I'd be more than happy to talk to my doctor and get something in writing. They said it was no big deal and dropped it.

I use the same practice as my friend. I don't know what they would have done if I had asked for more time.

RunningJ · May 2014

I have worked recently with my work's FMLA vendor (third party that handles the claim and gets the information to our short term disability provider) and they described it exactly as @thosethreewords did. Assuming a vaginal delivery, I'd have 6 weeks where I actually am medically unable to work, and those are covered for me under STD (paid at 66.6% for me), then then next 6 weeks are bonding time that are federally protected by FMLA, but do not require any pay.

Is there a third party vendor or an HR rep who you can clear it up with? Some states have more leave protected, or some companies (based on size) may not fall under FMLA. The only way to get clarification on your company's policies would to be through confirming it with them.

Unknown · May 2014

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Raclla · May 2014

@thosethreewords
Thanks for the clarification. I guess my friend would have had to then get some documentation from the pediatrician?
Where she works just wants documentation for EVERYTHING. It sounded like they had to have someone say something in writing to justify the 12 weeks.

Hilee18 · May 2014

I would contact your HR, I think it's FMLA covers you for 12 weeks as far as losing your job, but I think your job can ask you to come back sooner, and keep in mind if you've taken FMLA for any other reason in the last year that counts as part of the 12 weeks.

BlckRoses · May 2014

I administer leaves for my company and deal with FMLA for births all the time. You are eligible for 12 work weeks of leave in any 12 month period. Typically for births the first 6-8 weeks you are on FMLA for yourself, to physically recover from birth, for the remaining 4-6 weeks, you would be on 'baby bonding' time, or caring for your newborn. Fathers are eligible for up to 6 weeks of FMLA for baby bonding time. You shouldn't need any additional paperwork to certify that you had a baby and will be caring for it during the second part of your leave. My company has a request for leave form that people fill out that includes their requested amount of leave, so your company may have something like that.

Birth and childcare are a little different than normal FMLA uses. Like if you had to have surgery and recover for 4 weeks, even though you're eligible for 12 weeks of FMLA, you're only going to be allowed to take the 4 weeks approved by your doctor. But when you have a baby, it adds a second part of the leave to take care of the baby.

I hope that helped! Sometimes I forget that I understand all of this more than other people and go on and on when everyone else has no idea what I'm talking about!

awalter5110 · May 2014

BlckRoses said:

I administer leaves for my company and deal with FMLA for births all the time. You are eligible for 12 work weeks of leave in any 12 month period. Typically for births the first 6-8 weeks you are on FMLA for yourself, to physically recover from birth, for the remaining 4-6 weeks, you would be on 'baby bonding' time, or caring for your newborn. Fathers are eligible for up to 6 weeks of FMLA for baby bonding time. You shouldn't need any additional paperwork to certify that you had a baby and will be caring for it during the second part of your leave. My company has a request for leave form that people fill out that includes their requested amount of leave, so your company may have something like that.

Birth and childcare are a little different than normal FMLA uses. Like if you had to have surgery and recover for 4 weeks, even though you're eligible for 12 weeks of FMLA, you're only going to be allowed to take the 4 weeks approved by your doctor. But when you have a baby, it adds a second part of the leave to take care of the baby.

I hope that helped! Sometimes I forget that I understand all of this more than other people and go on and on when everyone else has no idea what I'm talking about!

It definitely helped! Thanks for explaining. I am going to talk to my boss and see if she needs any more from me. Otherwise I should be all set!

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