Talk to me about FMLA

[psychmom]

Like I'm 5 because I don't get it....

I'll talk to my HR person when school starts back up, but until then I wanted to see if I could find info on how FMLA works on here. I'm a teacher and am due March 16. Dr has mentioned possibly inducing at 39 weeks, which would be sometime around March 9th.

When I submit my FMLA paperwork and leave of absence request, do I get to choose how long I can take off? I've read women can take 12 weeks, but does the amount of time I take depend on whatever the doctor writes on their form or is it something I get to choose? I'd like to take as much time as I'm allowed to take.

There are a few 3 day weekends in the spring semester and I just so happen to be due the Monday school starts back after spring break. So if I CAN take up to 12 weeks, am I able to start my time off before I actually give birth if there's a few extra days in the 12 week window? Or does it work as one of those things where the birth itself is a qualifying event that has to happen for me to be eligible to begin leave?

[vmars]

What state do you live in?

[psychmom]

Jan 2, 2020 18:17:56 GMT -5 vmars said:

What state do you live in?

I'm in Texas.

[sassystace]

You can only go out early on FMLA if your doctor writes you out early...otherwise it is the day you go into labor. As I understand it, you can take off less time if your doctor has released you back to work (it was 6-weeks for a vaginal delivery and 8 weeks for a c/s when I gave birth before), but they don't have to hold your job for more than 12 weeks under FMLA. I'm in Ohio, if that makes a difference, I don't know.

[dock]

FMLA covers 12 weeks for childbirth/bonding. The first 6 (vaginal) or 8 (cs) weeks are for medical leave - they must be taken continuously. Your dr can also start that time early if there’s a medical need. The remainder of the time is for bonding, and can be intermittent but must be used in the baby’s first year of life. Continuous time, my understanding, does not take holidays into account (my first 6 weeks fell over thanksgiving- I didn’t get an extra day because of this). I’m not sure if the bonding time could- probably depends how flexible your employer is willing to be (in all, my 12 weeks spanned tgiving, Christmas and NYD, and my leave is 12 weeks to the day).

[sloan]

My understanding is that the 12 weeks are calendar weeks not 60 workdays. As mentioned already the 6/8 depending on birth type are medical and if your employer has STD for you that’s what you’ll get paid that based on, the rest is considered bonding time. If your doctor writes you out before some of that may count for STD depending on your policy, and will count against your 12 weeks as well.

As long as you don’t have the same employer (in which case the 12 weeks are shared which sucks) and he qualifies for FMLA (been there a year, large enough employer w enough employees in the area, etc) YH can take that time too. So for example he could take a week or two when you give birth and then another couple to bridge the gap between you going back and school letting out if you wanted to avoid daycare until the fall.

[jennistarr1]

Fmla is a federal policy that protects your position, has nothing to do with how or if you will be paid for that time. It's seperate, you apply for it seperate, and runs concurrently to whatever your employers parental leave is.

[psychmom]

Jan 2, 2020 22:34:01 GMT -5 jennistarr1 said:

Fmla is a federal policy that protects your position, has nothing to do with how or if you will be paid for that time. It's seperate, you apply for it seperate, and runs concurrently to whatever your employers parental leave is.

Yeah, I know it doesn't have anything to do with getting paid. I'm more curious on how/when I start using the time that I am eligible for. Unfortunately I didn't sign up for STD when I enrolled for benefits last year and because I was already pregnant during open enrollment for this year it would be considered a pre-existing condition and I wouldn't receive benefits for after the birth.