12-month mark at job is weeks after I give birth - how will FMLA work?

[Anonymous]

Anonymous wrote:Good Lord. Why didn’t you wait another six weeks to conceive? Anyway, I wonder if you could take vacation or sick leave time and get to the 12 month mark that way. I don’t know.

Was this necessary, PP? Sometimes things happen.

OP, congratulations! I don’t have an answer to your question but best wishes and I hope it all works out!

[Anonymous]

OP here. Posting an update in case people in a similar situation try to search for this answer in the future. I will become eligible for FMLA to start on my 1 year job anniversary, while I'm on non-FMLA leave.

The FMLA regulation on employee eligibility states, "An employee may be on non-FMLA leave at the time he or she meets the 12-month eligibility requirement, and in that event, any portion of the leave taken for an FMLA-qualifying reason after the employee meets the eligibility requirement would be FMLA leave.” I quoted that to HR and that closed the case in my favor. I'll be eligible for DC paid family leave to start after childbirth, and then will have the right to 16 weeks DC FMLA in full, starting on my 1 year anniversary. So ultimately more than 16 weeks in total, from childbirth to 16 weeks after 1-year mark.

[Anonymous]

Anonymous wrote:OP here. Posting an update in case people in a similar situation try to search for this answer in the future. I will become eligible for FMLA to start on my 1 year job anniversary, while I'm on non-FMLA leave.

The FMLA regulation on employee eligibility states, "An employee may be on non-FMLA leave at the time he or she meets the 12-month eligibility requirement, and in that event, any portion of the leave taken for an FMLA-qualifying reason after the employee meets the eligibility requirement would be FMLA leave.” I quoted that to HR and that closed the case in my favor. I'll be eligible for DC paid family leave to start after childbirth, and then will have the right to 16 weeks DC FMLA in full, starting on my 1 year anniversary. So ultimately more than 16 weeks in total, from childbirth to 16 weeks after 1-year mark.

You have eligibility fir more than 16 weeks. There are two provisions for DC FMLA - medical (the time to recover from birth, generally 6 to 8 weeks) and then family leave which can be used for the bonding period and is also up to 16 weeks.

So if you have a vaginal delivery and need 6 weeks recovery, you’d have 3 weeks of medical leave under DC FMLA (first 3 weeks being other leave till you are eligible) and then 16 weeks of Family leave for the bonding period. You could be out for 22 weeks - 19 covered under the two provisions of DC FMLA.

[Anonymous]

Anonymous wrote:Has anyone here had a baby just shy of their 12-month mark at their job, and then you qualify for FMLA while you're already on leave?

My due date is 3 weeks before my 1-year anniversary at my employer. HR has been trying to figure out the answer to my question for weeks so in the meantime I'm trying to see if others experienced something similar. Basically I will qualify for DC Paid Family Leave to start after I give birth, and then I would become eligible for DC FMLA while on PFL. Assuming I don't lose my job while on PFL (since there's no job protection like there is for FMLA), and assuming I give birth on my due date (lol), would I essentially get 3 weeks (PFL) + 16 weeks (DC FMLA which overlaps with PFL for 5 weeks) = 19 weeks of leave? Or, once I become eligible for DC FMLA, would it retroactively count the previous 3 weeks towards the limit so that my entire leave doesn't exceed 16 weeks? Or would I not be allowed FMLA at all since the 12-month mark happens while on leave? (I don't think that last one is likely but my HR suggested it is a possibility and they were unsure on the spot because my situation is so "unusual"...).

F.LMA doesn't start until you've been there a year.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Good Lord. Why didn’t you wait another six weeks to conceive? Anyway, I wonder if you could take vacation or sick leave time and get to the 12 month mark that way. I don’t know.

Was this necessary, PP? Sometimes things happen.

OP, congratulations! I don’t have an answer to your question but best wishes and I hope it all works out!

They happen because you take no precautions. They are not accidents only stupidity.

[Anonymous]

It's really wild that several people posted the wrong answer, seemingly without putting any thought into it. Thanks for updating, OP.

[Anonymous]

It won't. Save up your PTO.

[Anonymous]

Anonymous wrote:It won't. Save up your PTO.

It will. Read the thread before shooting from the hip with false statements.

[Anonymous]

Anonymous wrote:It's really wild that several people posted the wrong answer, seemingly without putting any thought into it. Thanks for updating, OP.

This is quite common for this forum, unfortunately.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Good Lord. Why didn’t you wait another six weeks to conceive? Anyway, I wonder if you could take vacation or sick leave time and get to the 12 month mark that way. I don’t know.

Was this necessary, PP? Sometimes things happen.

OP, congratulations! I don’t have an answer to your question but best wishes and I hope it all works out!

They happen because you take no precautions. They are not accidents only stupidity.

Lol. Well it worked out in my favor because I end up with more than 16 weeks of maternity leave