Totally bummed!! FMLA - not eligible

hjt100280 · July 2016

I just found out that I will not be eligible to take 12 weeks the Family Medical Leave Act after I give birth. The wording states that "employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles." There are only 47 people in my office, so I'm only eligible for 6 weeks!!!! A puppy stays with its mother for at least 8 weeks. What kind of country do we live in???? This is absolutely disgusting!!!!!!

Toller · July 2016

That's really hard- is your company unwilling to work with you at all? Maybe you could go back part time at a certain week? or do some work from home?

I'm going to throw out that, while it MAJOR MAJOR sucks for you, maternity leave is also very difficult on small companies who cannot afford to having employees missing/pay for replacement during that time, which is why the law is how it is. It's really not "fair" for either party.

Maybe some day the government will pay for maternity leave/help companies allow longer maternity leave. I'm not aware of any recent big movements for it...

slartybartfast · July 2016

This does suck. However, that is just the law... many companies may offer something similar even if you are not eligible. Definitely talk with your HR person or boss... maybe they can work with you?

em01092 · July 2016

Have you talked to your boss/manager? Is it a small company or are you just at a smaller office of a big company? My boss, an attorney, offers paid leave (a rare find), but only for a set number of weeks. If I need more time for medical reasons, he's cool with it, but it won't be paid. Maybe you can work something out. I would just make sure you cooperate and do what you can to be accommodating, like for example if they bring it a temp person, offer to train him or her personally if you can. You could also offer to work from home, job duties depending, obviously. If your job requires checking email, making calls, etc perhaps you could get remote desktop access to log in a few hours a day or something.

sourlemon · July 2016

@Toller02 the federal government itself offers no paid maternity leave. All govt employees have is their saved up sick and vacation days although most can take fmla unpaid.

I don't think the govt cares about maternity benefits for anyone....it's employees or small businesses...they just don't care.

To OP: your work may not be legally required to let you take that time and protect your job, but if you talk to them they may work with you. My sister was in a similar situation (only 18 employees total) and they worked with her to allow the 12 weeks unpaid because she was a good employee and very valuable to them. The bosses saw that so really did more than the legal requirements because they did not want to lose her.

tinattt23 · July 2016

We have less than 20 employees in my office so we aren't eligible for FMLA either. Although our handbook basically has the same thing written in to it. Luckily my boss has been cool and willing to work with me. Easier since I already work from home.

Talk to your boss/HR. Most places will still keep your job even if you aren't paid. Also, try and save up all vacation, sick time, pto, etc. At least it's something.

jptrumptone · July 2016

+ 1 to talking to your boss/HR. My SIL works for a really small company and they just worked something out together. Just because they aren't legally required to give you leave doesn't mean they won't give you the leave that you need.

I'd also advice to get the final plan in writing with guarantee that you are going to be able to come back to the same position.

Christinaruth74 · July 2016

I was in the same situation before I had my DD. Our agency was snall too which meant no FMLA. I basically had to conserve all PTO and sick days and put a request in well in advance. I also spoke with my employer directly and she was also willing to honor unpaid time off on top of my saved paid days.

sheshae · July 2016

I work for a government agency as well and even though I qualify for FMLA any time off I want to use I have to use out of my own PTO. Our agency got rid of sick time a while ago so if your sick, on vacation and etc it all comes from the same PTO bank.

Toller · July 2016

sourlemon said:

@Toller02 the federal government itself offers no paid maternity leave. All govt employees have is their saved up sick and vacation days although most can take fmla unpaid.

I don't think the govt cares about maternity benefits for anyone....it's employees or small businesses...they just don't care.

Agreed- they do not care.

I meant to refer more to using taxes for maternity leave- as I *think* Canada does? I just can't be for forcing companies to pay for maternity leave (etc)- it's such a huge expense which most cannot afford.

Not that I want higher taxes (at ALL).... so clearly I have no solution

hjt100280 · July 2016

My boss just bought his son a 9 million dollar house and a 10 million dollar house for himself, so they can absolutely afford to hire a temp for 12 weeks. Thanks for the advise. I'll be sitting down with my boss hopefully they will agree to the full 12 weeks.

karabearrr · July 2016

I also work in a very small office. Since I am not eligible, over a year ago I signed up for Aflac short term disability, which is $19/mo. They will pay me $1000/mo for 3 months, but it's still scary because my work can do anything they want to decide when I am gone for that long. My boss seems okay with it and is expecting me to take it and didn't seem like she had a problem, but a lot can happen in 3 months if they decide to hire a replacement!

phoenix870509 · July 2016

I probably don't qualify either. Only 3 people work within a 75 mile radius and my main office is up in NJ. Will be talking to HR when I'm up in August. But DH has enough time accrued he can take a full month off, so that's what he's doing. I work from home so I may work part time. Don't know yet. I only have 2 weeks built up and had to take some time for bad morning sickness.

brittnic86 · July 2016

I don't either, 16 person company. My maternity leave is 2 weeks. I have to take all my vacation from this year, next year, and that two weeks to be able to take 6 weeks off.

Amecsey · July 2016

Oh my goodness, as if we all don't have enough on our minds to worry about, right?! I'm sorry that you ladies have to deal with this. I also wonder, if they aren't willing to work with you on additional full days off, maybe they would work with you and let you work part time? It's got to be super tough for small companies, but if you have a good relationship with your boss they may work with you or fight for what you need. Good luck ladies.

littlebirdie28 · July 2016

I work at a very liberal/progressive college in the northeast and even we don't have "maternity leave". It's a compilation of disability first (6-8 weeks), then FMLA kicks in, but in reality that is me using vacation - because that is what this totally is, guys! *eye roll*. We also can only carry over 40 hours of vacation from one year to the next. Our vacation calendar runs January-December, not July-June. So, I was told I can get permission from my boss for a one time carry over of more than 40 hours. But this is only one time while employed at the college. I know I am one of the lucky ones, but this just seems ridiculous. I'm not sure which is worse, calling early motherhood a disability or a vacation.

MaggieG183 · July 2016

I don't want to get too political here, but there was one presidential nominee who was campaigning quite seriously on extending benefits for both women and men when it came to family leave when expecting...unfortunately, he was forced to nominate someone else just a day ago at the Dem convention.

leksiL · July 2016

@littlebirdie28 - we are in the same boat. My company started something new this year though they give an extra week of time PTO when you give birth/adopt a child. This gives me hope that we are moving in the right direction. DH works at a much smaller company though, and he has to use his PTO so he will only take one week.

dmontgo · July 2016

@MaggieG183 And what a sad day that was.

My company is too small for FMLA, but they are giving me a paid week, and I can use vacation days. I work from home so hopefully it all won't be overwhelming. But they are really great so I doubt I'll be swamped with work while adjusting to LO.

brittnic86 · July 2016

It's all bullshit. I just scheduled 12 hours off for appointments through 32 weeks, and I know I will have to start going weekly at some point...I was told a couple months ago, that assuming I used 19 hours for appointments *eye roll*, using my 2 weeks maternity, the vacation time I still had left, all three weeks of vacation from NEXT YEAR, and the 4 paid holidays in there, I could take 7 weeks off paid. I was hoping to take 6, even though that seems way too short, so that I could still have SOME vacation next year. I still get sick time next year, 6 days, but it's looking like with appointments I'll end up using all my time, and only getting 6 actual weeks of maternity leave. So annoying.

And to make it all the lovelier, my supervisor is an absolute bitch, and I'm only 1 of 3 women who work here. The youngest woman too, the other two are in their 50's. When she had to take her maternity leave, 30 years ago, she was the ONLY woman here, and had to take all her time from this year and next year and blah blah blah. Every time I schedule an appointment she gets annoyed. She always has something to say. Sure, you had three kids...you never had twins though...so sorry I dared to get pregnant.

ajstevenson · July 2016

So I've been really sick this entire pregnancy. In fact, it's only gotten worse the past few weeks. I was also sick in February and March and was undergoing testing for stomach issues. When I got pregnant that was obviously put on hold. Unfortunately I had to use about 2 of my 3 weeks of PTO by May. Since May I've had only 2 days where I've been sick enough that I requested to work from home instead of going into the office. My job has the ability to be 100 percent remote but I try not to abuse that. On Sunday I began getting strong back pains and lower abdominal pains. Very scary! Monday was the 3rd time I've worked from home. I literally felt like I had no other option because the only slightly comfortable position was to lay on my side on the bed with a pillow between my knees and work. And I was far more productive and put in a full day than I would have in the office. Tuesday and Wednesday sucked. Back pain wasn't quite as bad, but I was throwing up all day both days. Last night I was up at 1:30 a.m. and slept a total of 45 minutes between then at 6. I spent the morning throwing up and went straight into my boss' office to arrange a work from home day.

My boss told me today was the last time they would let me work from home. They gave me FMLA paperwork and expect me to start using it now, which means I may or may not have any leave when baby comes. Our "maternity program" is short-term disability for 6-8 weeks, which will start on the 15th day of absence from work, and after that you can complete the 12 weeks with FMLA, which is unpaid.

This program while common, sucks. And I'm fuming that they are telling me to take FMLA now. I'm trying so hard to do my job and not be absent from the office, but I'm at my wits end. I'm already on medication for the nausea and vomiting, but I don't know what else to do with the back pain and insomnia.

Am I just being nuts in thinking that they should honor the remote work arrangement that they give to other parents? There are four other moms that currently work part-time remote, and they all started their PT from-home arrangement in their 2nd trimesters.

I'm seeing my doctor today and am going to ask her for tips on what I can do to avoid having to be out of the office, but the last thing I needed added to this plate is this.

Kacie209 · July 2016

I am grateful that I work for a large company, although have been delaying contacting our short term disability center to find out the exact terms of my leave, or what I would get. I know when I managed individuals (10 years ago), they wanted you to use up any vacation first and then use leave time for that. I have 9 vacation days left to schedule and have left them purposely for it, if needed. I also have a great boss who just lets me leave for appointments without having to make up time (salaried).

I do remember one gal who had horrible MS, so I switched her schedule to an hour later in hopes that would help. Sometimes it did, sometimes it didn't. I think I eventually got her to apply for FMLA to protect her from her absences and that did seem to help. That was also a decade ago and who knows what has changed since then.

So much to think about at this time. From what I have read, and will confirm once I do finally contact the STD area, some leave is covered by FMLA (I think 2 weeks), after that is STD for a set amount of time.

mrsmerc2015 · July 2016

@ajstevenson
It may be too late for this, but have you talked to your manager about putting together a formal telework plan? If you're able to keep up with the work and teleworking is an option for you/your colleagues, perhaps getting your plan in writing would help? Does your company have their telework policy in writing so you can reference that to support your case?

I'm fortunate that my employer and my client (I'm a consultant) have both been really flexible in allowing me to telework when needed for appointments or because of MS or the damn headaches I can't shake these days. My "maternity leave" looks a lot like yours - 12 weeks of FMLA coverage with salary coming from STD and then whatever leave I have saved. Since DH and I thought it would take a bit longer to get pregnant than it did, I won't have the bank of days I thought I would

.

Fingers crossed your boss is understanding!

princesslockness · July 2016

@ajstevenson Have you been checked out by your OB about those back and stomach pains? Those sound a lot like my last labor, and if it was bad enough that you were vomiting I would be very concerned.

Amecsey · July 2016

@mrsmerc2015 I'm in the same boat as you. Everyone said, "go off birth control now because it will take you a few months to a year," and got pregnant right away, so I will have minimal time saved too

@brittnic86 I'm sorry your boss isn't being easy to deal with. I swear female bosses are sometimes the worst. They know how hard it is to be a female, and what we have to deal with at work, and then they continue to make it harder on us?! Drives me crazy!

brittnic86 · July 2016

@Amecsey bwahahahaha all my friends told me not to be surprised if it took me awhile to get pregnant, because I had been on birth control for so long. Yeeeeah no. Got pregnant with twins pretty much instantly.

mrsmerc2015 · July 2016

@Amecsey @brittnic86 Glad I'm not alone in that boat! I should have known better...with DS I got pregnant my first month off of BC pills - after having been on for years nearly 10 years. But I figured 6 years later things might not be so ready-to-go. Nope. Pulled the IUD out and BAM. BFP after 1 month of not even really trying. I'm apparently a "Fertile Myrtle" with perfect timing? And my doc was surprised when I told her I wanted my tubes tied while she is in there for my c-section. Um, yup! Lets close this shop up.

.

littlebirdie28 · July 2016

MaggieG183 said:

I don't want to get too political here, but there was one presidential nominee who was campaigning quite seriously on extending benefits for both women and men when it came to family leave when expecting...unfortunately, he was forced to nominate someone else just a day ago at the Dem convention.

Not to worry, SHE has also had it as part of her campaign

Kacie209 · July 2016

I had friends pass along jobs they thought I'd be a good candidate for at their employers, but I kept advising them that I can't switch companies until after I have a baby... no matter when that happened. I've been with my employer for almost 15 years, so some of my time off will be 100% paid (which is nice). One friends said I could work with HR/manager to see what could be done, but I'd rather stay here and know what pay I'd get and not worry about the "what if's". Most of the time for FMLA, you'd have to be there for 12 months (I think)... which I didn't want to have to worry about. I think I got 15 years covered.

brittnic86 · July 2016

@Kacie209 I know what you mean. I totally considered switching jobs, just because of the issues with my supervisor....but I can't until the babies are born =(

DiFazette · July 2016

littlebirdie28 said:

MaggieG183 said:

I don't want to get too political here, but there was one presidential nominee who was campaigning quite seriously on extending benefits for both women and men when it came to family leave when expecting...unfortunately, he was forced to nominate someone else just a day ago at the Dem convention.

Not to worry, SHE has also had it as part of her campaign

SHE also held the second highest office in US politics and did not.a.damn.thing to assist women in this country. She did a lot in Africa, and that's noble, but you don't get to run on a platform that you're going to help something you could have done for many, many years...and didn't.

JEM525 · July 2016

My heart goes out to everyone who have to leave their babies so soon after giving birth. I hope you can work it out so you get more than six weeks! I pray that our country gets its act together and follow in the foot steps of Belgium, Denmark, Finland, Iceland, Norway, Sweden, France, Spain, UK, Canada, Brazil,Australia, and so on!

karmba · July 2016

@DiFazette while I agree there was more she could have done in the Senate (even though she did co-sponsor the Lilly Ledbetter Act), Secretary of State is a position focused on foreign policy, not domestic (I'm assuming that's what you meant by second highest office - I could be wrong!)

Sorry to talk politics, I'm not a huge HRC person, just a poli sci nerd

DiFazette · July 2016

@karmba right on... While SOS isn't necessarily a position that influences domestic policy it's a well respected one, one in which between that tile and her years in senate she could have influenced more for women. Pay equality on the books is great, but it's still not happening. It's not that I like any of these jokers, but I just get frustrated when you use your platform to list all the things for women you'd do... When you'd didn't when you held other offices. It just feels like a vote grab - but I guess that's the name of the game in politics.

gowenc · July 2016

DiFazette said:

littlebirdie28 said:

MaggieG183 said:

I don't want to get too political here, but there was one presidential nominee who was campaigning quite seriously on extending benefits for both women and men when it came to family leave when expecting...unfortunately, he was forced to nominate someone else just a day ago at the Dem convention.

Not to worry, SHE has also had it as part of her campaign

SHE also held the second highest office in US politics and did not.a.damn.thing to assist women in this country. She did a lot in Africa, and that's noble, but you don't get to run on a platform that you're going to help something you could have done for many, many years...and didn't.

I might regret diving in here, but oh well. I'll start by saying that I voted for the other guy, but I'm now voting for her. She's not my first choice, but to paint a picture that she chose to help women in Africa instead of helping women here is grossly misleading.

First, I'm not sure if you're referring to her as First Lady or her as Secretary of State, but I'll address both. The Secretary of State is actually fourth in line to the Presidency, after the VP, Speaker of the House, and President Pro Tempore of the Senate - not second. The job of the Secretary of State is to direct foreign policy, not domestic policy. It was her actual job to help women in Africa (and elsewhere in the world), not women in the United States - other officials are in charge of that. In terms of healthcare and paid maternity leave, those policies would be developed by the Department of Health and Human Services and the Department of Labor, respectively, each of which has its own Secretary who serves on the President's cabinet. And as always, any legislation developed by these departments would need to be passed by Congress...so good luck with that, no matter who you are or what position you hold.

As First Lady - which is not a political position and comes with no actual power - she did lead a task force on healthcare reform (unprecedented for a First Lady) and developed legislation that would have benefitted women, but it was defeated following serious opposition from conservatives, the health insurance industry, and the pharmaceutical industry.

Again, she wasn't my first choice. But in terms of advocating for women's needs, she's my choice now. Because there's no way I'm letting that asshat on the other side get the chance to nominate multiple supreme court judges who most likely don't give a rat's ass about my health or rights as a woman and mother.

Rant over.

Austenista · July 2016

So I know a lot of people don't want to talk about politics, but I'm actually enjoying the discussion. Maybe this could have its own thread that can be avoided if people don't want to read it? Reading ideas between fellow Americans is waaaay superior than trying to wade through media nonsense.

DiFazette · July 2016

@gowenc - I appreciate your response... I guess I better explained my frustration in the post above yours.

gowenc · July 2016

@DiFazette, no worries. I guess we disagree on how much she's actually done. If you look at her record in the Senate - both in voting and bills sponsored - it's clear to me that she made a lot of efforts to support and pass legislation that would have helped women and families. She may not have been as successful as we would have liked, but she tried.

ajstevenson · July 2016

@mrsmerc2015 I am going to start physical therapy next week for my back. My boss is also on vacation next week. My plan is to talk with them about modifying my work and then discuss it with her when she returns. It'll also give both of us a chance to cool down a bit after yesterday's conversation.

@Kate08Young that's why I was so worried and stressed - I thought it might be labor pains! My OB thinks it's sciatica but we're both hoping that the PT will help with it.

As a side note, I talked with my OB about the FMLA my boss is pushing on me. My doctor refused to sign it. She agreed that they shouldn't even be pushing that until after we've talked about how we can adjust of modify my schedule or work environment. So we're all going to reconvene after I start PT. That makes me feel better.

My doc also said I should just quit my job if they're being jerks about it and it's causing me so much stress, but there's no way that's an option for me right now.

princesslockness · July 2016

@ajstevenson I'm glad you got it check out. PTL is a scary thing.

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