Am I understanding FMLA correctly?

[Anonymous]

Sorry "barely" not badly

[Anonymous]

Anonymous wrote:Just to add since you already took your 6 weeks of medical leave you are correct that it would be 22 total (16 weeks FMLA in DC). The possibility for up to 16 weeks medical does exist but I've only ever heard of doctors giving 6 or 8 (for C-section) after child birth.

Ours is 16 total. The medical and FMLa run concurrently. We get 12 weeks paid and 4 weeks not paid or opportunity to work part time

[Anonymous]

Anonymous wrote:

Anonymous wrote:Just to add since you already took your 6 weeks of medical leave you are correct that it would be 22 total (16 weeks FMLA in DC). The possibility for up to 16 weeks medical does exist but I've only ever heard of doctors giving 6 or 8 (for C-section) after child birth.

Ours is 16 total. The medical and FMLa run concurrently. We get 12 weeks paid and 4 weeks not paid or opportunity to work part time

You're describing your employer's family medical leave, not FMLA. This isn't related to the law.

[Anonymous]

.

[Anonymous]

If you take advantage of your company's short term disability benefits and then FMLA leave, are you required to go back to work? What if you decide against returning. Do you have to pay back any benefits?

[Anonymous]

Anonymous wrote:If you take advantage of your company's short term disability benefits and then FMLA leave, are you required to go back to work? What if you decide against returning. Do you have to pay back any benefits?

No. It's an insurance policy, in most cases, you use of the policy doesn't have a direct cost to your employer and a return to work is not required.

[Anonymous]

This thread is So confusing. I don’t qualify for paid fmla or short term disability with my work since i just started there a few months ago. I have the paperwork completed for the non paid fmla for 6/8 weeks. Is there an additional paperwork process for more time off than that for dc fmla? Can you link to that citation and what that process looks like?

[Anonymous]

Anonymous wrote:This thread is So confusing. I don’t qualify for paid fmla or short term disability with my work since i just started there a few months ago. I have the paperwork completed for the non paid fmla for 6/8 weeks. Is there an additional paperwork process for more time off than that for dc fmla? Can you link to that citation and what that process looks like?

If you just started a few months ago, you likely do not qualify at all for DC FMLA which require 1 year of work and 1,000 hours in the 12 months prior in order to get job protection[u] for the 16 weeks of medical (but as others stated for typical birth, only 6-8) PLUS 16 weeks of parental for 22-24 weeks of them not being able to fire or demote you. That's all that FMLA is- it has nothing to do with whether you'll be paid or unpaid, that is up to your employer's particular policies- FMLA is never paid- it is just a job protection law which like I said, it sounds like you don't qualify for. This happens a lot. It happened to my sister when she decided to take a new job and THEN found out she was pregnant- she was able to piece together about 7 weeks total thanks to being a teacher and having school holiday breaks during her "leave." So essentially you will be at the mercy of your employer to give you whatever amount of paid or unpaid time they want to and you can use vacation/sick days you've accrued or are allotted. This is the crisis facing families in this country and women who want to work and be mothers. It's horrific. Good luck to you. Ignore all the posters who have said other things about DC FMLA- they are misinterpreting the law or they've allowed their employers to get away with not following the law by not voicing their legal rights. Here is a helpful run down from the DC Bar: https://www.dcbar.org/bar-resources/publications/washington-lawyer/articles/september-2011-taking-the-stand.cfm

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

+1. Paid leave in this country is an employee benefit offered by few employers. The DC council bill would change that, but it is really struggling in council right now because of the fiscal impact. If you see this as a priority (I know I do!), the best thing you can do is contact your council person and let them know this is an important issue to support.

http://www.dcpaidfamilyleave.org/ (I'm not involved in this campaign.)

I'm for paid leave, but the problem with it being implemented in this way, in DC only, is that any employer who can will leave DC and go to a surrounding area. Those who can't leave are often government or public service entities (DCPS, etc) and the burden unduly will fall to taxpayers to cover. We need paid leave implemented at a national or at least multi-state level so employers can't flee as easily.

The current dc fmla does not apply to federal workers nor would I expect this bill to. Fed workers will never get paid leave unless the majority of workers in the US get it via state or federal programs.

But it's a good start. I highly doubt the k street lobby, law firms, or even the non-profits would relocate over this. Dc employers generally need to be located here or they would already be in a cheaper COL.

Wrong 12 weeks paid for any parent beginning Oct 1. Some agencies already implemented it

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

+1. Paid leave in this country is an employee benefit offered by few employers. The DC council bill would change that, but it is really struggling in council right now because of the fiscal impact. If you see this as a priority (I know I do!), the best thing you can do is contact your council person and let them know this is an important issue to support.

http://www.dcpaidfamilyleave.org/ (I'm not involved in this campaign.)

I'm for paid leave, but the problem with it being implemented in this way, in DC only, is that any employer who can will leave DC and go to a surrounding area. Those who can't leave are often government or public service entities (DCPS, etc) and the burden unduly will fall to taxpayers to cover. We need paid leave implemented at a national or at least multi-state level so employers can't flee as easily.

The current dc fmla does not apply to federal workers nor would I expect this bill to. Fed workers will never get paid leave unless the majority of workers in the US get it via state or federal programs.

But it's a good start. I highly doubt the k street lobby, law firms, or even the non-profits would relocate over this. Dc employers generally need to be located here or they would already be in a cheaper COL.

Wrong 12 weeks paid for any parent beginning Oct 1. Some agencies already implemented it

Nope. Not sure why you bumped an old quote - but don’t provide false information.

Feds are not eligible for DC FMLA nor are they eligible for the paid DC leave that starts in July. Feds ARE eligible for their own paid leave program beginning Oct 1. That program has nothing to do with the quote that you chose to responding to.

[Anonymous]

Is there a way to stack up the 6/8 paid weeks and the 16 DCFMLA weeks after that without those 6/8 being considered part of the 16DCFMLA?

For example, if I apply for DCFMLA close to the end of the 6/8 weeks, can I extend my leave by 16 more weeks, even if unpaid?

I also will have about 2-3 months of paid time off accrued by the time the baby is born. Is there any way to make use of all three: 6/8 postpartum weeks + PTO (paid time off) + DCFMLA?

Also, during DCFMLA, do you get to keep your employer-provided health insurance?

[Anonymous]

Anonymous wrote:Is there a way to stack up the 6/8 paid weeks and the 16 DCFMLA weeks after that without those 6/8 being considered part of the 16DCFMLA?

For example, if I apply for DCFMLA close to the end of the 6/8 weeks, can I extend my leave by 16 more weeks, even if unpaid?

I also will have about 2-3 months of paid time off accrued by the time the baby is born. Is there any way to make use of all three: 6/8 postpartum weeks + PTO (paid time off) + DCFMLA?

Also, during DCFMLA, do you get to keep your employer-provided health insurance?

All of your questions except the insurance rely on your employer’s policy. The law requires that you be able to continue your insurance.

To further elaborate:

1. Depending on policy, yes. But there are two provisions of DCFLMA. Your medical leave and then bonding leave. Both are 16 weeks. Generally a company is going to apply the medical portion to those first 6-8 weeks. You then can transition to bonding leave and take up to 16 weeks off.

2. Will again depend on your policy. Your company cannot require that you use paid leave concurrent with either DCFLMA provision (Federal law allows for this). However, your company’s policy for use of paid time off may prevent that scenario.

3. Yes. Both DCFMLA and Federal FMLA requires that you be able to continue benefits at the employee rate.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The part this is depressing about this to me is the idea of leave without pay. I know many people on this board are in high income families, but I'm guessing many of us are not. The flexibility of getting off work with no pay is like a fairy tale to me. My family needs my income. Hell, they could give me 6 months off, I wouldn't be able to take it if it was unpaid. Thanks to the PP who posted the DC bill link. I definitely am reviewing that now.

If you're using the second income to pay for essentials and housing there is a problem. You took on too high of housing costs or had too many children.

You're a jerk, PP. Most dual-income families in this area need both incomes.

I don't understand this. Can't you just limit your rent/mortgage to one income? It seems like if you can't do this then you're living in an area you can't afford.

DP, but people have other expenses other than their mortgage. Our mortgage is based on one income, but I have student loans, home repairs, we need food for the family, insurance, utilities, medical expenses for other DC, etc. My largest fixed expense after my mortgage is student loans, which is hefty. And no, my parents couldn't have just paid college for me. Loans were the only bootstraps I had.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I thought FMLA was a total of 12 weeks.

Under DC fmla employeers may do up to 16 weeks.
http://www.dcejc.org/wp-content/uploads/2012/11/FMLA-Fact-Sheet-DC-MD-VA-Eng-6.2012.pdf

Wow, they are so lucky to get 16 weeks!