Bed rest and FMLA

SassetteSmurfling · July 2015

Hey ladies. I fully plan on talking to my HR department about this but being that it's a holiday weekend I figured I'd see what you guys know in the meantime!

My original plan was to work until I delivered then take my 12 weeks of FMLA. However, I'm now on bed rest (with 3.5 weeks until delivery). So since I'll be out if work from here on out my 12 covered weeks would start now, correct? Even though it's medically indicated and I have paperwork from my doctor that I can't work? I really don't want to have to return to work when my baby is only 8 weeks old, but obviously taking care of my and babies health now is more important.

Anyone else in a similar situation? How are you coping? This whole thing is stressing me out. I'm not prepared to be done working. It wasn't part of my plan! lol.

megastar007 · July 2015

I was taken out of work with my DS at around 30 weeks. That part was covered under short term disability and then I still had the 12 weeks FMLA.

Shine2015 · July 2015

I don't know for sure, but I would think your FMLA would start now. Unless you have some short term disability that you could use.

PixelPosy · July 2015

The two aren't the same thing. FMLA protects your job so you have one to come back to at the end of 12 weeks. Short term disability plans offer you some form of income replacement while unable to work, but do not offer job protection. You may be able to work something out with your employer though, doesn't hurt to ask. Good luck!

shmarpler · July 2015

Unless you have paid time off banked up, yes you would have to start using your FMLA now.

daniellepanda · July 2015

Depending on your state and the size of your company (as well as how long you have been at your job) your options and job protection will vary.

Speaking only from my experience having a baby in CA last time around, this would be considered disability which is totally seperate from your fmla leave for 12 weeks.

EmEeGee · July 2015

The company that handles our leave has two separate forms of FMLA. I had a lot of bleeding that continued into my second trimester and I was nervous that if it continued, I would be eating through all my leave and my employers would lose their patience with all of my call outs. After a long phone call, I found out that we have medical FMLA and "family bonding" FMLA. Obviously every employer is different, but I was able to apply for medical FMLA to cover any time I needed off before the baby comes, then I receive the mandatory 6-8 weeks of disability, followed by our allotted FMLA time for family bonding.

My point is that I would definitely talk to whoever your company uses for disability/FMLA in addition to HR. Our company is called Hartford and they were incredibly helpful in educating me and guiding me to the right plans for leave before and after baby comes.

laurasuzanne2006 · July 2015

Fmla is total 12 weeks for a year so yes that's part of it

Saratiff · July 2015

megastar007 said:
I was taken out of work with my DS at around 30 weeks. That part was covered under short term disability and then I still had the 12 weeks FMLA.

This is how it works at my job as well.

Saratiff · July 2015

And disability does offer you job security. They cannot fire you when collecting disability

netters625 · July 2015

In CA we have disability ins. Thru the state, (4 months for maternity)which this case and maternity leave are under, sick FMLA(12 weeks not paid) which this falls under, and family bonding FMLA (12 weeks, 6 paid 6 not paid) for when baby is born and you are released from your medical leave.

oliviaf11 · July 2015

So I have fmla self and fmla other (for when baby comes) I have until 10/20 to take 12 weeks for myself (it's 8 weeks after my due date) but then I'll have another 12 weeks for a 12 month period for baby once she is born. Idk how you applied for fmla but if you have self that would kick in now. If you want to then use 5 weeks of fmla other to stay home I don't see why you couldn't-just know that if you anything were to happen with baby in the next year you would only have 7 weeks left.

cosplaymom · July 2015

PixelPosy said:
The two aren't the same thing. FMLA protects your job so you have one to come back to at the end of 12 weeks. Short term disability plans offer you some form of income replacement while unable to work, but do not offer job protection. You may be able to work something out with your employer though, doesn't hurt to ask. Good luck!

This. FMLA only refers to the period of time you are protected for, starting from the first day you are not at work until the day you get back. (Depending on your state, you may get extra time for a C-section or FMA leave like in WA). Verify with your HR to confirm what day you have to be back at work to ensure your job. Taking off time beyond that can be done but you are no longer legally protected from being let go.

Short-term disability leave benefits have to do with how you are going to be paid during your time off.

For example, I had 18 weeks off, protected by FMLA and FMA. Of those 18 weeks, the first 4 were paid by short term disability insurance. The next 4 were paid by parental leave benefits. The next 4 were additional weeks of short term disability insurance checks. The remainder weeks pay came out of my unused Sick Leave. By the end I still had a few days of Sick Leave plus a few weeks of Annual Leave benefits I had not used up yet but I was required to return to work in order to keep my job. (Fortunately I was able to negotiate using my copious amounts of Annual Leave to take all of my Wednesdays off to ease my transition back to work.)

Discuss everything with your HR rep so you are clear on all of the details of your benefits and what day you have to return!

CaliforniaDream87 · July 2015

PixelPosy said:
The two aren't the same thing. FMLA protects your job so you have one to come back to at the end of 12 weeks. Short term disability plans offer you some form of income replacement while unable to work, but do not offer job protection. You may be able to work something out with your employer though, doesn't hurt to ask. Good luck!

This.

candicejeff2013 · July 2015

FMLA is 12 weeks but talk with your boss about return dates. Surely he/she will have you back once the time comes. FMLA just holds your job for 12 weeks without re-applying / being terminated from the "system".

Want a personalized experience?

Bed rest and FMLA

Re: Bed rest and FMLA

Choose Another Board

Search Boards