FMLA Question - Any experts?

fivesgirl · February 2015

Hello everyone!

I have a question about FMLA and I hope it doesn't sound too confusing

I will be eligible for FMLA May 17th, about 3 weeks before baby is due. If I'm reading the FMLA law correctly, the birth of a child falls under continuous leave. My benefits department told me today that they are going to have to track all my appointments and that it will count against my total FMLA leave. But from what I understand that would be intermittent leave for illnesses such as migraines or diabetes, etc. When I had my first son, my previous employer did not use my appointments against the the entire 12 weeks and I'm sure they would have if they could have, or maybe they were nicer

From the DOL employee guide, https://www.dol.gov/whd/fmla/employeeguide.pdf page 5

FMLA "must be taken as a continuous block of leave unless the employer agrees to allow intermittent leave (for example, a part-time schedule)."

and also on page 12

whether you need leave continuously or intermittently. (If you need to take leave a little bit at a time, the certification should include an estimate of how much time you will need for each absence, how often you will be absent, and information establishing the medical necessity for taking such intermittent leave.)

The statements sound to me that the birth of a child would not fall under intermittent use of FMLA prior to the birth of the child. Also, since I'm not currently eligible for FMLA how can my appointments now count against time later when I am eligible?

Did any of your employers use the intermittent leave?

Any insight would be appreciated.

Thanks!

Sarah

Perfect Sonnet · February 2015

I am not an expert by any means, but it sounds like your employer is trying to count the time you take off for doctor's appointments and illness as time used against your FMLA? Can you not use your regular sick or annual leave? I have never heard of this before and I agree with you it sounds fishy.

fivesgirl · February 2015

I have unlimited sick time for days off and doctor's appointments, so I think it's odd they would make me use FMLA for only pregnancy related appointments.

I just don't trust them.

fitzgirl17 · February 2015

There are several ways you can track FMLA. If they want to count doc appts etc they can, but they need to be fair and consistent and do it for everyone. IE: someone that had heart surgery and needs check-ups etc. That stinks they are doing it that way. You might want to see if your state has any other medical leave. In WA state we do, and can take up to 24 weeks off for the birth of a baby.

BabyHope2013 · February 2015

I'm not an expert either but I think it sounds shady, especially since you don't qualify for fmla yet. I would just use sick or vacation time for the appointments right now. The you wouldn't be touching your time for fmla. Not sure how your employer works with when the baby is born. For us, we get six weeks with a regular delivery (8 with a c section) and can use banked sick time. After that we have to use any vacation time or take time unpaid for up to the 12 total weeks off.

qtjo5 · February 2015

I think when you take time off you either code it as FMLA or just normal sick time off. If you are on FMLA up to when the baby is born then yes, you are only allowed so many hours per each FMLA approval. And yes, most employers track that very specifically. That is normal in my workplace.

If you don't code it as FMLA it doesn't count against your approved time. But either way talk to your HR for clarification because technically you aren't on FMLA once the baby is born, you are on maternity leave. You are allowed a certain amount of time off whether you get paid or not depends on your employer. But FMLA and maternity leave do not coincide. You can go back on FMLA w dr approval after you go back from maternity leave. That will start a brand new tracking process.

dragonfly09292012 · February 2015

Hello, I am the FMLA Administrator for the company I work for. The previous poster is correct that they can count your doctor appointments but must be consistent in doing it for others as well. Your leave is really not deemed as intermittent in my opinion. When someone goes out for the birth of the child I have never called counted it as intermittent leave unless it is the father who will be working half days or so. I would ask them to clarify. I know that when I have my baby I have the option of taking the full 12 weeks and that excludes any doctor appointments. It is strictly after the birth of the child. Goodluck!

saybaby97 · February 2015

I'm an HR Director. I agree that this sounds fishy, especially since you don't yet qualify for FMLA based on your start date and you have unlimited sick time. Are you an exempt (salaried) employee? It does behoove some women in organizations with stricter, no-fault attendance policies to use intermittent FMLA for their prenatal appointments to protect themselves from attendance issues. But that doesn't sound like your scenario. Can you post or message me your company's FMLA/medical leave policies?

Previous poster who referenced maternity leave vs. FMLA may have been misleading. Not all companies have "maternity leave". And if they do, it's entirely possible that it runs concurrent with FMLA. At many companies, what people think of as maternity leave is really a combination of FMLA (unpaid, federally mandated job protected leave for 12 weeks) combined with Short Term Disability (an insurance policy designed to protect a portion of your income should you become medically unable to work, whether by pregnancy or any other illness).

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