FMLA Frustrations!!

asarem93 · July 2014

My husband just decided to double check with his job to make sure everything for his FMLA is in order. He was taking to the nurse at the clinic at his job and everything was fine until he mentioned I was going through a midwife. She told him she wasn't sure if he could take FMLA leave because a doctor has to sign off on it. My midwives deliver in a freestanding birth center so there is no doctor there unless there are complications. I'm very stressed about this because if he can't get FMLA then he can't take any time off because he works in a manufacturing plant.
Has anyone had to deal with this before?

MrMrsandBaby · July 2014

I'm confused...FMLA doesn't require an MD, nurses can fill out the paperwork. Are you being seen by an OB at all? If so, just hand the paperwork to him/her. This shouldn't really be a big deal. Let me dig, I can find some "official" stuff on it.

ETA: here you go https://www.hrsource.org/member-resources/article-archive/2011/march/mar-01/who-can-fill-out-fmla-forms.aspx

asarem93 · July 2014

No, I do not see an OB anymore. My midwives are both CNMs so they are also RNs. Idk if that helps?

MrsSarahRenee · July 2014

That would be so dumb! But the link @MrMrsandBaby‌ says CNM so you are all set it looks like.

asarem93 · July 2014

MrMrsandBaby said:
I'm confused...FMLA doesn't require an MD, nurses can fill out the paperwork. Are you being seen by an OB at all? If so, just hand the paperwork to him/her. This shouldn't really be a big deal. Let me dig, I can find some "official" stuff on it.

ETA: here you go https://www.hrsource.org/member-resources/article-archive/2011/march/mar-01/who-can-fill-out-fmla-forms.aspx

Great thank you! I'll have him show her this. I'm just worried it's some dumb company policy.

MrMrsandBaby · July 2014

asarem93 said:

I'm confused...FMLA doesn't require an MD, nurses can fill out the paperwork. Are you being seen by an OB at all? If so, just hand the paperwork to him/her. This shouldn't really be a big deal. Let me dig, I can find some "official" stuff on it.

ETA: here you go https://www.hrsource.org/member-resources/article-archive/2011/march/mar-01/who-can-fill-out-fmla-forms.aspx
Great thank you! I'll have him show her this. I'm just worried it's some dumb company policy.

I don't think (and I could be wrong but I did corporate benefits for 6+ years, but things change!) that a company can say no if the state or fed says it is ok. Unless the difference is in favor of the employee the fed/state trumps corporate.

asarem93 · July 2014

Ok that makes me feel a lot better.

mcclan03 · July 2014

MrMrsandBaby said:

I don't think (and I could be wrong but I did corporate benefits for 6+ years, but things change!) that a company can't say no if the state or fed says it is ok. Unless the difference is in favor of the employee the fed/state trumps corporate.

What she said ^.

I don't know the ins and outs of the law, but what your DH was told sounds very wrong to me.

pnwlover12 · July 2014

Also, could your baby's pedi sign the form if there is some sort of weird loophole with needing an MD to sign off?

asarem93 · July 2014

I'm not sure, but I think it has to be the one taking care of me, not the baby. But after seeing what everyone has said, I am not as concerned. I'm pretty sure it'll work out fine.

AmandaJean12 · July 2014

You get can get FMLA for the addition of a child, even if it's an adoption. There is no medical requirement at all. You just have to take it within the first year after birth or the first year the child is placed with you.

The medical requirement of taking care of you is a different, independent reason for being able to get FMLA. Like, if you had to have major surgery unrelated to child birth and he needed to take care of you, then you'd use that.

The nurse has no clue what she's talking about. Have him talk to HR. And if they give him any slack about something silly like a doctor note, PM me. I'm sure I don't practice in your state, unless you're in MN, but I can help point you in the right direction.

chicitygirl7 · July 2014

Even if you were adopting and there was no medical care necessary, you'd be eligible for FMLA under the law.

asarem93 · July 2014

AmandaJean12 said:
You get can get FMLA for the addition of a child, even if it's an adoption. There is no medical requirement at all. You just have to take it within the first year after birth or the first year the child is placed with you.

The medical requirement of taking care of you is a different, independent reason for being able to get FMLA. Like, if you had to have major surgery unrelated to child birth and he needed to take care of you, then you'd use that.

The nurse has no clue what she's talking about. Have him talk to HR. And if they give him any slack about something silly like a doctor note, PM me. I'm sure I don't practice in your state, unless you're in MN, but I can help point you in the right direction.

Yeah I'm in Texas, but I will defiantly let you know if they don't want to give it to him. It's a really good company and I don't think they are trying to screw us over, I just think she doesn't know because so few people use midwives without being under direct care if a doctor.

sheluvs2travel · July 2014

You can take FMLA leave because you are having a baby. How you choose to deliver has no impact on whether or not you are eligible. Just have her fill out the paperwork and have him turn it in. If they deny it, his company has to pay for you to get a second opinion by a doctor of their choice, who will clearly verify that you were pregnant and gave birth. That nurse at your husband's job is a moron.

PC0909 · July 2014

He doesn't have vacation time? My H can't use FMLA because we need to get paid and he would be unpaid if he chose to go that route. We've both been saving up our vacation time so he can take time off and so I can get some pay after my ridiculously short STD is used up.

ADH0906 · July 2014

PC0909 said:
He doesn't have vacation time? My H can't use FMLA because we need to get paid and he would be unpaid if he chose to go that route. We've both been saving up our vacation time so he can take time off and so I can get some pay after my ridiculously short STD is used up.

@PC0909‌ I may be showing my ignorance here, but I understand FMLA to be job security with absolutely nothing to do with getting paid. FMLA only guarantees that your employer hold your job or a comparable job for the 12 weeks. My employer allows us to use any PTO time we have during FMLA. Not sure why those two would cancel each other out.

PC0909 · July 2014

ADH0906 said:

He doesn't have vacation time? My H can't use FMLA because we need to get paid and he would be unpaid if he chose to go that route. We've both been saving up our vacation time so he can take time off and so I can get some pay after my ridiculously short STD is used up.
@PC0909‌ I may be showing my ignorance here, but I understand FMLA to be job security with absolutely nothing to do with getting paid. FMLA only guarantees that your employer hold your job or a comparable job for the 12 weeks. My employer allows us to use any PTO time we have during FMLA. Not sure why those two would cancel each other out.

You're right, but I brought up vacation time because the OP said he couldn't take time off without FMLA... so I asked if he had vacation time. The other thing with FMLA is that they hold A position for you, not necessarily yours. So there's a good chance my H would get assigned to a different department if he used leave time. Just another thing to think about.

ADH0906 · July 2014

PC0909 said:

ADH0906 said:

PC0909 said:
He doesn't have vacation time? My H can't use FMLA because we need to get paid and he would be unpaid if he chose to go that route. We've both been saving up our vacation time so he can take time off and so I can get some pay after my ridiculously short STD is used up.
@PC0909‌ I may be showing my ignorance here, but I understand FMLA to be job security with absolutely nothing to do with getting paid. FMLA only guarantees that your employer hold your job or a comparable job for the 12 weeks. My employer allows us to use any PTO time we have during FMLA. Not sure why those two would cancel each other out.

You're right, but I brought up vacation time because the OP said he couldn't take time off without FMLA... so I asked if he had vacation time. The other thing with FMLA is that they hold A position for you, not necessarily yours. So there's a good chance my H would get assigned to a different department if he used leave time. Just another thing to think about.

Right, I know...I was mostly addressing your comment about your husband not taking FMLA because he couldn't get paid, and those two things don't have anything to do with other necessarily.

asarem93 · July 2014

Sorry everybody, I was out of commission yesterday.
DH has vacation but the way his company works is, there is a shutdown in July, and one in December. He can use is vacation at anytime, but then he won't get paid over Christmas.
He is not taking the full 12 weeks of FMLA he's only taking 2.
Also Update: they apologized for the confusion because there is no problem with a midwife signing! Whoo no more stress!

Want a personalized experience?

FMLA Frustrations!!

Re: FMLA Frustrations!!

Choose Another Board

Search Boards