PSA on DC FMLA

[Anonymous]

This is from the OP:

* In DC an employee is entitled to up to 16 weeks of medical AND 16 weeks of family leave in a 24 month period as opposed to the federal policy of 12 weeks total in a 12 month period. (This entitles me to 16 weeks bedrest and 16 weeks maternity leave)

What are the condition in which one can qualify for the 16 weeks of medical? I just spoke to my HR, and she said I can have 16 weeks of FMLA in DC, and 6 weeks off for vaginal birth and 8 weeks if it's csection. So confused.

[Anonymous]

Anonymous wrote:This is from the OP:

* In DC an employee is entitled to up to 16 weeks of medical AND 16 weeks of family leave in a 24 month period as opposed to the federal policy of 12 weeks total in a 12 month period. (This entitles me to 16 weeks bedrest and 16 weeks maternity leave)

What are the condition in which one can qualify for the 16 weeks of medical? I just spoke to my HR, and she said I can have 16 weeks of FMLA in DC, and 6 weeks off for vaginal birth and 8 weeks if it's csection. So confused.

The very specific language is in the regs, but to qualify under the medical provision you would have an ongoing serious medical condition (in this case, pregnancy). So in general if a woman has a non complicated vaginal delivery her doctor will say she needs 6 weeks to recover. You would then be granted 6 weeks of medical leave. You can also recieve medical leave throughout the pregnancy for your doctors appointments or if you need to be on bedrest. To recieve more than the 6/8 weeks your doctor would need to certify that you cannot work due to your condition. This could occur before the birth or after if you have a complicated delivery.

The 16 weeks of family leave would be granted at birth for bonding with the baby.

[Anonymous]

Searching this thread and forum in general is very hard, so apologies if this question has been asked and answered. For DC FMLA, how do the rules apply if you work in DC (your 'duty' station) but your employer is based in VA and/or MD?

[Anonymous]

Anonymous wrote:Searching this thread and forum in general is very hard, so apologies if this question has been asked and answered. For DC FMLA, how do the rules apply if you work in DC (your 'duty' station) but your employer is based in VA and/or MD?

If I am not mistaken, it probably follows where your employer is based. Maryland Mandate covers IVF treatment, and my husband and I both live in MD. He works in MD, and I work in DC. However, we are not covered under Maryland Mandate because my husband's company is based in VA, even though his office is in MD. Another example is my friend who works in New York but her organization is based in Texas. NY has paid maternity leaves that she's not eligible for as Texas does not provide that benefit.

[Anonymous]

Does anyone know if DC FMLA does require employers to keep paying their contribution to health insurance premiums while employees are on FMLA?

I found this link online but it doesn't seem clear: https://www.dol.gov/whd/regs/compliance/whdfs28a.pdf

'If an employee is provided group health insurance, the employee is entitled to the continuation of the
group health insurance coverage during FMLA leave on the same terms as if he or she had continued to
work. '

I'm on 8 weeks of post c section short term disability at the moment (covered at 70% by my health insurance, and topped up by my employer). I was told that I need to cover my employer's contribution to my healthcare premiums, PLUS my own contribution, during this period - so the money for their contributions will be deducted from my salary. Does that sound right?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Searching this thread and forum in general is very hard, so apologies if this question has been asked and answered. For DC FMLA, how do the rules apply if you work in DC (your 'duty' station) but your employer is based in VA and/or MD?

If I am not mistaken, it probably follows where your employer is based. Maryland Mandate covers IVF treatment, and my husband and I both live in MD. He works in MD, and I work in DC. However, we are not covered under Maryland Mandate because my husband's company is based in VA, even though his office is in MD. Another example is my friend who works in New York but her organization is based in Texas. NY has paid maternity leaves that she's not eligible for as Texas does not provide that benefit.

I believe that this PP is correct. It is where your employer is located that governs which FMLA applies to you. When my first child was born, I lived in Maryland but worked in DC and DC rules applied. You might ask your company's HR department because it sounds like you have offices in all 3 jurisdictions. My firm's home office is in Seattle but we have an office in DC, and the DC office employees are not subject to Washington State rules.

[Anonymous]

The Pps are wrong about what law applies. Please just call the DC DOES or DC OHR rather than getting legal advice off a random forum. There’s a DC regulation specifically in this and what matters is how much of your work is in DC and how many employees your employer has in DC.

[Anonymous]

Anonymous wrote:Does anyone know if DC FMLA does require employers to keep paying their contribution to health insurance premiums while employees are on FMLA?

Yes- they must keep paying.

[Anonymous]

Anonymous wrote:The Pps are wrong about what law applies. Please just call the DC DOES or DC OHR rather than getting legal advice off a random forum. There’s a DC regulation specifically in this and what matters is how much of your work is in DC and how many employees your employer has in DC.

Talk to HR, but if you look at the code, it applies to employers with 20 or more employees in DC, and an employee must work at least 50% of their work time in the District, or not more than 50% in any other state and a "substantial" amount of time in the District.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The Pps are wrong about what law applies. Please just call the DC DOES or DC OHR rather than getting legal advice off a random forum. There’s a DC regulation specifically in this and what matters is how much of your work is in DC and how many employees your employer has in DC.

Talk to HR, but if you look at the code, it applies to employers with 20 or more employees in DC, and an employee must work at least 50% of their work time in the District, or not more than 50% in any other state and a "substantial" amount of time in the District.

Don’t just rely on your HR. Many offices in DC are not in compliant with the law, but out of ignorance. (I’m an HR consultant.)

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The Pps are wrong about what law applies. Please just call the DC DOES or DC OHR rather than getting legal advice off a random forum. There’s a DC regulation specifically in this and what matters is how much of your work is in DC and how many employees your employer has in DC.

Talk to HR, but if you look at the code, it applies to employers with 20 or more employees in DC, and an employee must work at least 50% of their work time in the District, or not more than 50% in any other state and a "substantial" amount of time in the District.

Don’t just rely on your HR. Many offices in DC are not in compliant with the law, but out of ignorance. (I’m an HR consultant.)

+1. My DC employer told me that I was eligible for 16 weeks all-in, not whatever my doctor authorized for medical leave, plus 16 weeks family time. I actually ended up going back to work 11 weeks out, but I would have felt good knowing what my real options were. C'est la vie, but I'll know if we go for another kid.