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February 2015 Moms
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FMLA - HR drama

ems0523ems0523 member
in February 2015 Moms
Last week I went to my HR person with some FMLA questions since we will be having biweekly ultrasounds and echo's. At that time I told her i wouldn't be applying for FMLA prior to the birth since I have plenty if sick time to cover taking off for doctor appointments over the next 20 weeks. I was summoned to her office today and she told me I was being placed into FMLA status due to my high risk pregancy and needing to take time off for doctor appts. I didn't do anything but ask questions and she said since she was informed of what was going on she has to report it. I was further told that it would count against my 480 hours of FMLA time off postpartum. Mind you, my doctor hasn't conpleted paperwork confirming anything and i havent submitted anything in regard to FMLA.

I consulted the p&p handbook which clearly states sick time can be used for pregnancy related doctor appointments and that the only time FMLA would even be mentioned to an employee is if/when 3 consecutive days of sick time would be used. Furthermore, she said she would go into my time sheet and change any sick time to FMLA.

Has anyone ever heard of anything like this? Prenatal issues relating to compromising your work (which to mean would mean bedrest) is an FMLA qualifying condition and birth of a child is another qualifier which to me means 2 separate FMLA applications not the same one. HR peeps?
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Re: FMLA - HR drama

  • MapleMommaMapleMomma member
    edited September 2014
    Actually, I know that it is very confusing, but your HR person is right.

    Any condition that requires more than one drs visit is considered FMLA qualifying and once your HR person becomes aware of it (even though word of mouth from others) they are obligated to use your FMLA time for it. How you are paid for that time varies based on company policy.

    You also don't necessarily need two different drs forms as it is one condition. HR may request periodic updates though.

    I will also say that FMLA coverage for pregnancy / birth of a child is so touchy that your employer is doing the right thing by just taking your word and immediately applying FMLA time to protect themselves.

    edit- mobile sucks
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  • MapleMommaMapleMomma member
    KristinMTBell said:

    Unfortunately, under FMLA those days can be considered in the allowance of 12 weeks in 12 months. That being said, if your employee handbook says differently, you may have a leg to stand on. Also, I noticed that my company has some little details that don't comply with my state's law - perhaps you should check into that?

    I would venture a guess that the handbook has a disclaimer that allows law to trump the handbook.
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  • ems0523ems0523 member
    @MapleMomma‌ when I had FMLA for the birth of my last child I had to have the form filled out probably 3 times before it was actually accepted and approved. In regard to any condition requiring more than 1 appointment being fmla qualifying, would that include pregnancy in general? Also, if I qualify for FMLA based on them saying i qualify, it states in the handbook that "if an employee chooses to apply here are the instructions" are they able to "force" me?
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  • ems0523ems0523 member
    Also, when I asked the HR person and her supervisor to reiterate in writing to me exactly how they were explaining their interpretation of how everything worked they vehemently refused. Weird.
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  • MapleMommaMapleMomma member
    @ems0523‌ While some employers may require more forms than others, its just general practice that pregnancy / birth be given more leniency because of how the law is written to protect women.

    Also, FMLA for time off work due to your medical conditions or appointments is not a choice thing at all. They will likely require you to get forms filled out by the sounds of it.
    We often run into women not wanting to take FMLA before the baby is born because it counts against their 12 weeks after. Our general practice would be to offer a personal leave extension after the baby is born to reach that 12 week post partum mark. I would encourage you to ask about that option. HR people are real people too. :)
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  • ems0523ems0523 member
    Thanks ladies. I'm just trying to look at this from all angles especially since insurance premiums are only covered while you're under FMLA coverage.
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  • MapleMommaMapleMomma member
    ems0523 said:

    Also, when I asked the HR person and her supervisor to reiterate in writing to me exactly how they were explaining their interpretation of how everything worked they vehemently refused. Weird.

    That is weird! I'd push for that.

    @KristinMTBell‌ All employers must follow federal law, usually if a state has additional laws it would be over and beyond federal. So an employer would be bound by FMLA, then state law, then their own policies..... For example they might be on federal and state leave while receiving sick time from their employer, federal leave might run out, but they are still on state leave and sick leave, later state leave runs out, but they are the best employer in the state or backed by one hell of a union and are still receiving sick pay.

    Long example, but I think ultimately we are communicating the same thing. Only perhaps that you are coming from the employee perspective and since I work in HR I just have a different perspective.

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  • MapleMommaMapleMomma member
    KristinMTBell said:

    @MapleMomma‌ I totally didn't mean YOU or HR people with my comment about mediocre employees, btw. :) I'm an equal opportunity "low expectations" kind of girl.

    No problem! We moms have to stick together here to look at every angle so that we can stay home with our LO's as long as possible and still provide for our families!
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  • ems0523ems0523 member
    The problem with the local government I work for is they think their policies supercede federal and state....
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  • SaraMGoodSaraMGood member
    Is it possible to use your sick time during maternity leave now that you won't be needing to use it for your Dr.s appointments? So essentially you'd be using the same of both just in different places? Make sense?
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  • ems0523ems0523 member
    No, at my place of employment you have to use your FMLA and sick/vacation concurrently.
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  • kcwnckcwnc member
    The way a company policy plays into FMLA makes a huge difference on how a company is "required" to act after being put on notice. Our company doesn't require pregnant associates to take intermittent FMLA unless they are out for more than 3 days or their appt time cannot be approved off. Her doctor will have to confirm her pregnancy before any of it can be approved.
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  • MapleMommaMapleMomma member
    kcwnc said:

    The way a company policy plays into FMLA makes a huge difference on how a company is "required" to act after being put on notice. Our company doesn't require pregnant associates to take intermittent FMLA unless they are out for more than 3 days or their appt time cannot be approved off. Her doctor will have to confirm her pregnancy before any of it can be approved.

    This is actually not true. I'm glad I don't work in your HR department because they could face huge penalties.
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  • SaraMGoodSaraMGood member
    Well that sucks! I hope it all works out for you!

    I just started a new job around 16 weeks and the only issue I could have had was paying COBRA rates on my insurance premiums while on leave since I hadn't been there a year. I elected to forgo insurance and just use my husband's. I also have Aflac, so that will give supplements pay while I'm off too.
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