Maternity Leave Question

candygirl29 · April 2015

So the company that I work for does not offer paid maternity leave. Aside from my sick and vacay time that I have accrued, my leave will be unpaid. I'm fine with that. However, I am the head of a fairly large department so I told my boss (the President of the company) that I would be happy to work from home for a couple of half days a week starting the 3rd week of my leave. So I created a plan for him for my leave that includes me working from home and eventually coming into the office one or two days a week up until the 16th week which is when I would return to work (HR told me that in DC we get 16 weeks of leave- but ofcourse its unpaid). When I met with the President, he asked if I felt that the time off that I was (16 weeks) requesting was excessive and said he wanted me to come in for two days a week starting at week 5 and asked if I would be able to return to work full time at week 7. WTF?!?!? I really did not provide a response as I was just trying to take it all in. We just simply left it at we will discuss how I'm feeling for weeks 7-16 during week 2 of my leave.

I feel as though I'm being flexible for him but he could give a crap. What are the laws for leave and if im out for 16 weeks will I lose my job?

SmrBrd2012 · April 2015

You should look up FMLA. If your company has over a certain amount of employees and you've been there longer than a year, you are entitled to 12 weeks of maternity leave and you are protected from losing your job.

bean8213 · April 2015

Your HR dept is really the only place you can get answers for your specific situation. They will know if you qualify for FMLA, how long your job will be protected in DC, etc.

kateamart · April 2015

Hmmm... I'm impressed that you are so willing to go back early even part-time. I'm a similar situation, aside from my sick and vacay time that I have accrued, my leave will be unpaid. I also oversee a department, but I've been in my stressful job for nearly 5 years, and am really looking forward to time off with my baby. I guess I feel like I've earned it!

I plan on taking 14 weeks, about 6 of it paid via sick/vacay, and then returning part-time week 13 to ease back into things.

I'd definitely double-check if your company qualifies for FMLA. If so, they MUST give you 12 weeks unpaid off, so your boss has no legal ground to make you start at week 5 or 7. If not, you're a bit out of luck. BUT I just asked my doctor to fill out some HR paperwork for me, and she wrote on it that regardless of work policies, I will not be medically approved to return until after 6 weeks for vaginal birth, or 8 weeks for c-section. I believe this is fairly common practice, so you at least can tell your boss that.

Good luck!

ldmw · April 2015

Agree with previous posters. Also do not think you should work from home until 6 weeks at the earliest, but I'd plan on 12. Don't take time away from your baby for work.

conwayjlnm · April 2015

The regulations listed above for FMLA are correct, however, your company and boss have the right to deny you part of FMLA if you are designated a 'key employee'. Typically only very high level executives/managers fall into this category, but it sounds like that may be the case for you. Definitely give your HR department a call or set up a meeting to discuss what your boss asked of you. I am a benefits administrator in human resources for a company of 700+ employees, please talk to your HR people, they are there to make sure you are being treated fairly and know all your options

Sunshine4020 · April 2015

Eff that. Excessive? You are being MORE than accomodating by offering to come back part time so soon. Wow! Yes, talk to HR. If 16 weeks is what you were told, you shouldn't be made to feel guilty about using all 16 weeks.

ladyteach0505 · April 2015

I would be looking into it legally. Less than 6 weeks is incredibly unethical to return to work- especially for a bigger company if yours is. I would be unwilling to compromise on that.

lyefimova · April 2015

In California we get state disability for 6 weeks gor vaginal and 8 wks for c-section that is paid by state at 55%. After that fmla kicks in for additional 12 weeks not all qualify. I don't cause my company is less than 50 people and can choose not to alow for fmla

FTArmyM · April 2015

In the military we are only given 6 weeks of maternity leave unless take our own personal leave in conjunction with it. But PP is correct your HR dept will have the answera for your specific situation. Laws protect you from being fired though...

baileykj27 · April 2015

You are being very generous as is, I can't believe he would ask that of you. I think 16 weeks is totally reasonable you need that time to heal and bond with your child. In addition to FMLA you may be entitled to pregnancy disability leave for the 6 weeks after you give birth and your job would be protected for 18 weeks, but I'm in WA state and it could be state law rather than federal.

Doora · April 2015

Think they're taking adventage of you. Seems they really need you there, but don't appreciate you enough to give what you ask for. Also what kind of company doesn't provide maternity leave at all?

saric83 · April 2015

Doora said:
Think they're taking adventage of you. Seems they really need you there, but don't appreciate you enough to give what you ask for. Also what kind of company doesn't provide maternity leave at all?

Unfortunately, a lot. Any smaller company doesn't qualify for FMLA.

Doora · April 2015

Yea I live in the UK, I guess it's different here than in the US

CanadaMom17 · April 2015

Yup. I feel sorry for every one of you American moms with that sad excuse for 'pregnancy leave'.

Knottie54288128 · April 2015

Are you planning on hiring a nanny, or getting daycare? I don't think day cares will even start taking infants before 6 weeks. @CanadaMom17, it really is a joke. I'm one of the lucky ones because I'm a teacher and I'm due a week before school is out so I'll at least get almost 3 months during the summer off. But that's still only 12 weeks. If I had given birth during the school year, I would only get 6 weeks and I'd have to use my sick leave, and then I would be able to qualify for temporary disability. It's insane that paid maternity and paternity leave are not given in America.

mars8k · April 2015

Wait so even if you work from home or part time you're still not getting paid?!

Talk to your HR department and study your labour law and go back to him with arguments

beaseg · April 2015

I'm not a professional but I did work for a law firm when I had my first and these were things I deduced (state of IL):

1. Taking more than 12 weeks did mean it would be POSSIBLE to lose your job

2. Maternity leave was 6 weeks for a vaginal delivery, the next 6 would fall under FMLA. FMLA weeks also were applied during maternity leave

3. I took short term disability for the first 16 weeks of my pregnancy bc I had hyperemesis and was on bed rest. For that, because I was on disability even though I was not at work, I was not using FMLA time. However, I offered to my boss to let me work from home a few hours a week (honestly, bc I was BORED out of my mind and felt so badly leaving them so suddenly, and it was such little work it didn't inconvenience me in the slightest). He allowed me to but upon my return, HR somehow found out about it and we both got seriously reprimanded for it. I guess bc I could have had a suit on my hands had I wanted to take it that way.

So my advice to you: Do not work from home for free. You do not need to go back earlier than you're comfortable with. I went back the day my daugther turned 6 weeks because I didn't want to take advantage of the firm (my short term disability and my maternity leave were both paid at 100%). I felt fine, strong, tired but not too tired to function or work- it was totally doable. Also, I found going to work and leaving baby was much harder when baby got older- around 8 months, when she would truly notice I was leaving for a full day. As a newborn, she didn't notice I was gone and didn't even really react when I came home. She'd just give me a smile. nurse, cuddle and be completely normal. As she's gotten older- things have changed. Just running to the grocery store by myself sends her into tears and pleas to not leave and all that. It's much harder.

Anyways- sorry you're being put in the position you are. You're being unfairly bullied. But don't forget to save some of your time off for when your baby gets sick, or if something comes up. You'll want to have a few weeks saved up for random sick days and mommy reward days (a random wednesday off just cuddling with baby makes getting through the work week easier and gives you something to look forward to!)

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