Maternity leave question.

[Deleted]

Random (probably stupid) question:

In my state, you have to be working with your employer for one year before you qualify for FMLA leave. So, what happens if you get pregnant and then have the baby and/or need to take leave before you hit the one year mark? Does taking leave mean you quit your job, since you don't qualify yet?





I realize this depends on your state. I'm just curious about how this works, as a general rule.

[Kristinmo]

FMLA is federal so it does not depend on the state. Some states do have more generous rules but FMLA applies to everyone.

If you take leave before 12 months it just means your job is not protected. You can work with your employer directly and they may or may not keep your job for you.

[Deleted]

You can take short term disability, but I'm unsure of how many weeks you get for under a year. 4 weeks, maybe?

[alzi]

It just means your job is not guaranteed. My job had no problem letting me take 12 weeks. They didn't have to.

Something to talk to your HR dept prior to getting pregnant.

[VeryViolet]

There also have to be 50 employees for FMLA laws to take effect. States can have better laws but must meet the federal requirements. If you haven't been there a year or they have less than 50 employees it is up to the employer what or if they want to offer maternity leave.

[Deleted]

Apr 30, 2013 16:18:54 GMT -5 Kristinmo said:

FMLA is federal so it does not depend on the state. Some states do have more generous rules but FMLA applies to everyone.

If you take leave before 12 months it just means your job is not protected. You can work with your employer directly and they may or may not keep your job for you.

Exactly.

In MA they have MMLA, which gives you 8wks job protected leave per child born (so I would have gotten 16wks), if you aren't eligible for FMLA.

[Deleted]

Apr 30, 2013 16:20:57 GMT -5 ninjabridemom said:

Apr 30, 2013 16:18:54 GMT -5 Kristinmo said:

FMLA is federal so it does not depend on the state. Some states do have more generous rules but FMLA applies to everyone.

If you take leave before 12 months it just means your job is not protected. You can work with your employer directly and they may or may not keep your job for you.

Exactly.

In MA they have MMLA, which gives you 8wks job protected leave per child born (so I would have gotten 16wks), if you aren't eligible for FMLA.

I know that they have something like this in Oregon, as well, that offers 12 weeks, but I haven't looked into it yet. We aren't planning to TTC for another couple of months so I shouldn't run into this issue, but it's been on my mind lately for some reason so I figured I'd ask.

[2boys2danes]

You also have to work 1250 hours in the year before your qualifying event

[SKP82]

I will not have been at my employer for a year yet when the baby is due. I am going to use short-term disability (our program allows 12 weeks). I have to take a week off before I can use STD, though. If I want to take more time, I have to negotiate that with my boss and it would be leave without pay. In my situation, my job can technically be filled while I am gone (though HR has told me it is highly unlikely).

[Deleted]

Apr 30, 2013 17:08:39 GMT -5 SKP82 said:

I will not have been at my employer for a year yet when the baby is due. I am going to use short-term disability (our program allows 12 weeks). I have to take a week off before I can use STD, though. If I want to take more time, I have to negotiate that with my boss and it would be leave without pay. In my situation, my job can technically be filled while I am gone (though HR has told me it is highly unlikely).

With my company, you aren't eligible for STD until you've been with the company for 12 months. I did do some research today, and found out that the Oregon FLA makes you eligible for a 12 week leave once you've been with a company for 180 days. Like I said in my last post, I'm not planning to have to worry about it, but it's good to know just in case.

[thinkofthesoldiers]

Make sure you figure out if your leave is paid or unpaid. Just because you can take a LOA doesn't mean that you will be paid for it.

[Deleted]

Apr 30, 2013 20:00:23 GMT -5 thinkofthesoldiers said:

Make sure you figure out if your leave is paid or unpaid. Just because you can take a LOA doesn't mean that you will be paid for it.

This is a good point. Other than STD none of the leave is paid, which is the main reason we aren't TTC yet. Gotta get more money in the bank so I can take as much time off as possible.

[Deleted]

I haven't read the other responses, so this may be redundant.  FMLA is federal, but some states have additional laws that provide even more protection.  Not only do you need to be employed for 1 year for FMLA to apply, but also the employer must have at least 50 emplolyees, so it doesn't apply at all to very small businesses, which is all I have ever worked for.  My son was born when I had only been at a job for three months.  It was an adoption, but had I been there for a year and the company had 50 employees, FMLA would apply for adoption leave.  When FMLA or another state law doesn't apply, then the situation is completely up to whatever the employer and employee negotiate.  Yes, they could replace the employee.  In my situation, they offered me six total weeks off and allowed for two of those weeks to be paid vacation (so 2 weeks paid and 4 unpaid).  I felt they were being more than reasonable since I was a new employee.  I ended up only taking 4 weeks because I didn't want to take more than 2 unpaid weeks off.

[Deleted]

Also, short term disability just gives you some income, but does not protect your job.

[luckyval]

Just anecdotal: FMLA didn't apply with my employer, they were below the federal 50 employee minimum. I was able to take 6 weeks off - 4 paid, 2 unpaid and, because they rocked, they let me work from home full time until DS was 12 weeks and work form home part time until I left when DS was 18 months

If you work for a smaller company where the bigger leave benefits aren't there, but you've put in a few years of service with them, I think most of those bosses will work with you