FMLA - HELP!

JLYoung08 · July 2018

So, someone just mentioned not being able to use FMLA again since I used it with my previous pregnancy. Does anyone know if that’s true? I can see not being able to use it for the same thing over and over, but this is a different pregnancy! I figured your time reset every year...HR is telling me you only get a certain amount of money oral hours to use, period!

ladystout08 · July 2018

How long ago did you use FMLA and was it with the same employer?

emmaaa · July 2018

FMLA operates on a yearly rotation. It will allow you to take up to 12 weeks off within a year without risk of losing your job. Anything you are paid is either something your employer provides (they will have their own policy on this), you provide (such as sick leave or vacation leave), a combination of both, or possibly Short Term Disability if you've already signed up.

I think the answer to your question will depend on how long ago it was that you were off for your first pregnancy

ladystout08 · July 2018

I tagged you in the long thread where FMLA was discussed.

Rachel2066 · July 2018

@JLYoung08

I get questions about FMLA all the time from my employees. There is so much confusion about what FMLA is and what it does.

FMLA is a federal law called the Family and Medical Leave Act that says:
-full time employees
-who work for an company that employs 50 or more people
-and who have worked for them for at least 1 year

will receive up to 12 weeks of unpaid leave during any 12 month period to deal with:
- Your own serious medical condition
- to care for an immediate family member's serious medical condition
- the birth of a child
- the adoption or placement of a foster child

Upon your return you must be returned to your same or similar job function with no cut in pay or benefits.
This is separate from any sort of disability or paid parental leave that your company or state may offer.

My company also offers company paid short term disability to all full time employees. Many of my employees confuse this with and call it FMLA. Your company's policies regarding disability pay may be what your HR person was talking about, unless you will have already have taken 12 weeks off from your job by the time you have your baby?

Rachel2066 · July 2018

Also important to know: Some states have their own maternity laws. Massachusetts for examples has MMLA - Massachusetts Maternity Leave Act (this was the old name, the new one is something about Parental Leave but MMLA is just easier to remember). This states that work places with 6 or more employees must provide a minimum of 8 weeks unpaid leave upon the birth or adoption of a child to any employee who has completed an initial probationary period (not more than 3 months).

The governor of MA also just recently passed a paid maternity law. Although it doesn't go into effect until 2020.

So if you haven't already, checkout what additional options your state may offer.

nononorman · July 2018

If it’s just true FMLA keep in mind it’s a rolling year for most employers.

PolarBear517 · July 2018

My understanding of FMLA is that it allows you to 12 weeks in a "rolling year" (from the start of leave, not the end). So if you gave birth on, say, September 1st 2017 you'd be eligible for another 12 week leave for a birth taking place on September 1st 2018 or later- so long as you still meet eligibility requirements for hours worked (1250 within the last year) and length of time that you've been employed (at least 1 year). However, if you have taken FMLA for another reason within the last 12 months my understanding is that it will shorten your leave. I had a coworker who needed to take FMLA for hyperemesis and whatever time she needed was deducted from their maternity leave (I believe in her case she was out for a total of 3 weeks and so her maternity leave was shortened to 9 weeks).

Rachel2066 · July 2018

@PolarBear517 - Yes its for a rolling 12 months, and it is a cumulative total of 12 weeks during that time. This counts for any medical time off you take. So if your company wanted to be a PITA about it they could deduct any days that you took off for Drs appointments, etc.

JLYoung08 · July 2018

Thanks everyone! I think he was thinking I had my been back for a full year, but have been, so I’m eligible for another 12 weeks! He just freaked me out for a bit!

FMLA - HELP!

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