FMLA and short term disability nightmare

[Anonymous]

PP - I am on bed rest and my work got me a laptop and I lay down on my side and am still able to read/type/work. Sometimes I also sit up on the couch and put the laptop on my belly or next to it. While pregnant doctors don't want you to ever lie flat, the pressure from your uterus can decrease your blood flow. My doctor just didn't want me sitting upright in a chair at my computer.

Give the OP a break. It is extremely stressful to be pregnant and dealing with preterm issues and also having to worry about working and potentially getting fired/losing income. If she can productively work from home, her work should be more accommodating during this situation.

[Anonymous]

OP here - thank you employment lawyer. and, no thank you to nasty pp. There are many different types of bedrest, I am on modified bedrest and my OB asked if I could actually work from home, but the request was denied. It had been approved before and inconsistently is being utilized throughout the company for various people. I have not been petulant or whiny to my boss, I am competent at what I do and feel that it would serve both the company and myself best to work from home. In the even that I do not get laid off, I would prefer to have kept a hand in the mix at work while I am on 'house arrest'. It would make my return easier for everyone involved. That is not something they have chosen to see though and I agree with other PP's that there is very little I can say or do. Hiring an attorney will most certainly make them irritated, particularly since I understand the policy and FMLA. I came on this board to see if anyone else had suggestions or had been through something similar and I appreciate all that have been supportive and helpful. To 11:51, you are very quick to jump to conclusions, and obviously didn't even take time to read the post I wrote, where I clearly state what my OB is comfortable with . Your advice was neither helpful nor considerate.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP again, my boss has ignored every attempt I have made into discussion with him. According to my OB, he would prefer that I work from home, but my company will not allow it, despite the fact that during my review, my boss told me he would like to start a program for telecommuting and would I be interested in helping him?! I could do 85% of my position from home and really wish I could. I tried to go back to work last week, after begging my OB but as I mentioned, I had a very bad week of contractions and other issues, so back home I am. Very bored and capable of doing a lot of things, just not driving to/from work, which is a hour commute each way. At any rate, the fact that I wasn't threatened like this during my first pregnancy versus this one is making me quite angry. I do realize I have no recourse, it just seems like I am being discriminated against this time around b/c I am having problems.

If you are on bed rest how are you going to be able to sit up for hours at a time and use your computer? I was on bed rest for last 2.5 months and was not allowed t sit up as this put pressure on pelvic area and this has been the same for every other woman I have known who had to take to bed rest completely for last 2-3 months. As far as your boss wanting to start "working from home" maybe the idea was voted down in a meeting with other higher ups. I would think that if this option were available someone would have mentioned it to you.

Your post alone has turned me off "the fact that I wasn't threatened like this during my first pregnancy versus this one is making me quite angry." Times have changed a great deal in the last few years because of the economy. I worked in HR and always did my best to help someone in a case such as yours. In one case, I was able to have her "laid Off" because she, also, was on bed rest, flat on back and not allowed to sit up, and then when she was able to come back to work she was put back on payroll and all was fine. Please, bear in mind, that there was no obligation of the part of the company to do this for her.

You come across as whining and petulant and this may be turning off your boss, HR, and co-workers. Also, maybe your boss, or his boss, do not agree that you can do 85% of your work from home. You need to be reminded that the company does not have to give you back your old job but only has to have a job for you. Keep up this attitude and you just may not have your old job.

I can have empathy because I know how difficult it is to lie in bed all the time but you need to make the best of it and stop walllowing in self pity.

There are different types of bedrest.

Yes, there are different types of bed rest. I have been working from home on bedrest for the last 9 weeks. I can work lying down/reclined with a laptop, I also have a small-ish belly, so it doesn't always get in the way. I can sit for 30-40 mins every 3 hours or so, and a lot of my work requires reading, which I can do totally lying down.

So, yes, there are many different ways to incorporate working with bedrest.

[Anonymous]

11:51, you are incorrect when you say that the employer is not legally required to give OP back her old position. If OP were able to return within the FMLA period, the employer has an obligation to return OP to her old job -- not just any job. Please read the law. Moreover, the implication in your post that by "rocking the boat" or asking for additional leave or asking to work from home the OP might cause her employer to retaliate against her by refusing to return her to her old position is extremely disturbing. The fact that you work or worked in HR is scary. Please find another line of work.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP you should contact an employment lawyer. If your company has any history of approving more leave than FMLA in the past for another employee then you could possibly they are inconsistently applying their policy.

If you work in DC, realize that DC employment law and jury verdicts are very much on the side of the employee not the employer, sometimes to the extreme. Also in DC, I believe there is a loophole where FMLA can actually be taken twice if there are different events. The birth of a child is one eligible reason but pregnancy complications and illness of the mother is a separate event. An employment lawyer can let you know if this is valid or not and they would know better than your HR person.

I believe that VA employment laws are much more weighted toward the employer but the inconsistent handling of extended leave would still be an issue in your favor. MD is probably in the middle.

Employment lawyer here. I want to clear up some of the misunderstandings that PPs seem to have. Hopefully this might be helpful for some of you. (OP you actually seem to understand it pretty well. It sounds like you are just disappointed with how you have been treated and looking for practical suggestions on how to make the best of it.)

--I don't think the OP said that the company approved additional leave for others, just that others have taken their FMLA after the baby arrives and did not receive the same type of "threatening" communications. I don't think OP has a leg to stand on in terms of discrimination, if that's what this PP was getting at.

--PP is right that DC allows 16 weeks of medical leave and 16 weeks of family leave, which are separate things, so you could conceivably take the first 16 weeks before the baby's birth and the next 16 weeks after. But it sounds like OP is not in DC as she has referenced the 12-week time period.

--FMLA leave is a guarantee that your company must hold your job open for a specific period of time (at least 12 weeks, but more in some states). FMLA does not entitle you to any pay or benefits during that time. Short-term and long-term disability will replace a percentage your pay during your FMLA leave and beyond, but your company does not have to hold your job open just because you are receiving short-term or long-term disability. You can still get STD/LTD if you are still "disabled" after you have been laid off. This is the same policy for people with cancer or other diseases, and frankly it makes sense--how long can a company reasonably be expected to function without a certain employee before it becomes too difficult or too burdensome on the other employees? You hope that you work with nice people who will want to rehire you when your condition has resolved, but they are not legally required to do so.

OP I would not waste your time or money on a lawyer. It sounds like you've got the right idea by trying to handle it with the people in the company. If that fails, there's not much you can do but let them know that you do plan to come back after your leave ends and you hope there will be a position for you. I say be gracious, as threatening letters or complaints will just make it more likely that they won't want you back. I wouldn't worry about job-searching right now, as any potential employer is probably going to want you to start sooner than you would be able to anyway. Just try to relax and focus on keeping your baby inside and healthy, and you will work out the job situation after s/he arrives. It WILL work out.

Employment laywer--

Thank you for all your clarifications. In regards to the DC leave policy highlighted above, is that similar for VA (my company has over 50 employees, FWIW)? I'm not the OP, but also on bed rest, and trying to figure out if I end up taking some time off in the next few weeks, if I can also take the full 12-16 weeks post baby. I don't wish to bring this up with HR at the moment because I don't want them talking to my bosses/others in the company about my potential plans before I have a clear idea of what I may want to do.

Ideally, I'd like to work for another 3 weeks or so, and then take off from week 33 on (I may have the baby as early as 36 weeks) and then take 12-16 weeks post baby.

[Anonymous]

13:33, in this area, only DC has a more generous entitlement to leave (16 wks vs. 12), and only DC permits 16 weeks for medical and 16 weeks for family.

[Anonymous]

Anonymous wrote:11:51, you are incorrect when you say that the employer is not legally required to give OP back her old position. If OP were able to return within the FMLA period, the employer has an obligation to return OP to her old job -- not just any job. Please read the law. Moreover, the implication in your post that by "rocking the boat" or asking for additional leave or asking to work from home the OP might cause her employer to retaliate against her by refusing to return her to her old position is extremely disturbing. The fact that you work or worked in HR is scary. Please find another line of work.

Take it up with our HR Director and General Counsel. I followed their advice and, apparently, it was correct. OP is still whiny and petulant and I am entitled to my opionion of her just as she is entitled to think that she is the pregnant princess, giving birth to the second coming of a Diety..

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP again, my boss has ignored every attempt I have made into discussion with him. According to my OB, he would prefer that I work from home, but my company will not allow it, despite the fact that during my review, my boss told me he would like to start a program for telecommuting and would I be interested in helping him?! I could do 85% of my position from home and really wish I could. I tried to go back to work last week, after begging my OB but as I mentioned, I had a very bad week of contractions and other issues, so back home I am. Very bored and capable of doing a lot of things, just not driving to/from work, which is a hour commute each way. At any rate, the fact that I wasn't threatened like this during my first pregnancy versus this one is making me quite angry. I do realize I have no recourse, it just seems like I am being discriminated against this time around b/c I am having problems.

If you are on bed rest how are you going to be able to sit up for hours at a time and use your computer? I was on bed rest for last 2.5 months and was not allowed t sit up as this put pressure on pelvic area and this has been the same for every other woman I have known who had to take to bed rest completely for last 2-3 months. As far as your boss wanting to start "working from home" maybe the idea was voted down in a meeting with other higher ups. I would think that if this option were available someone would have mentioned it to you.

Your post alone has turned me off "the fact that I wasn't threatened like this during my first pregnancy versus this one is making me quite angry." Times have changed a great deal in the last few years because of the economy. I worked in HR and always did my best to help someone in a case such as yours. In one case, I was able to have her "laid Off" because she, also, was on bed rest, flat on back and not allowed to sit up, and then when she was able to come back to work she was put back on payroll and all was fine. Please, bear in mind, that there was no obligation of the part of the company to do this for her.

You come across as whining and petulant and this may be turning off your boss, HR, and co-workers. Also, maybe your boss, or his boss, do not agree that you can do 85% of your work from home. You need to be reminded that the company does not have to give you back your old job but only has to have a job for you. Keep up this attitude and you just may not have your old job.

I can have empathy because I know how difficult it is to lie in bed all the time but you need to make the best of it and stop walllowing in self pity.

NP here, and wow, you sound pretty heartless. I did not at all read the OP as whiny and petulant, but rather as someone seeking advice about a very difficult situation. It's depressing to me that you're in HR.

So how was your bedrest handled by your company? Did your company behave as the OP's has done (I am guessing not), and how would you have reacted if it had?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP again, my boss has ignored every attempt I have made into discussion with him. According to my OB, he would prefer that I work from home, but my company will not allow it, despite the fact that during my review, my boss told me he would like to start a program for telecommuting and would I be interested in helping him?! I could do 85% of my position from home and really wish I could. I tried to go back to work last week, after begging my OB but as I mentioned, I had a very bad week of contractions and other issues, so back home I am. Very bored and capable of doing a lot of things, just not driving to/from work, which is a hour commute each way. At any rate, the fact that I wasn't threatened like this during my first pregnancy versus this one is making me quite angry. I do realize I have no recourse, it just seems like I am being discriminated against this time around b/c I am having problems.

If you are on bed rest how are you going to be able to sit up for hours at a time and use your computer? I was on bed rest for last 2.5 months and was not allowed t sit up as this put pressure on pelvic area and this has been the same for every other woman I have known who had to take to bed rest completely for last 2-3 months. As far as your boss wanting to start "working from home" maybe the idea was voted down in a meeting with other higher ups. I would think that if this option were available someone would have mentioned it to you.

Your post alone has turned me off "the fact that I wasn't threatened like this during my first pregnancy versus this one is making me quite angry." Times have changed a great deal in the last few years because of the economy. I worked in HR and always did my best to help someone in a case such as yours. In one case, I was able to have her "laid Off" because she, also, was on bed rest, flat on back and not allowed to sit up, and then when she was able to come back to work she was put back on payroll and all was fine. Please, bear in mind, that there was no obligation of the part of the company to do this for her.

You come across as whining and petulant and this may be turning off your boss, HR, and co-workers. Also, maybe your boss, or his boss, do not agree that you can do 85% of your work from home. You need to be reminded that the company does not have to give you back your old job but only has to have a job for you. Keep up this attitude and you just may not have your old job.

I can have empathy because I know how difficult it is to lie in bed all the time but you need to make the best of it and stop walllowing in self pity.

NP here, and wow, you sound pretty heartless. I did not at all read the OP as whiny and petulant, but rather as someone seeking advice about a very difficult situation. It's depressing to me that you're in HR.

So how was your bedrest handled by your company? Did your company behave as the OP's has done (I am guessing not), and how would you have reacted if it had?

I tried to be as positive as I could because I understood that complaiing only made me feel worse as well as my family. As for my company, I took a leave of absence, without pay, when all other leave was used. Simple solution.

[Anonymous]

Anonymous wrote:Take it up with our HR Director and General Counsel. I followed their advice and, apparently, it was correct. OP is still whiny and petulant and I am entitled to my opionion of her just as she is entitled to think that she is the pregnant princess, giving birth to the second coming of a Diety..

They should rename your position "inhuman" resources -- you seem to have a vicious streak.

[Anonymous]

To the employment lawyer:

So if you work in DC and have to go on bedrest for medical reasons, then you get to use one form of FMLA for personal disability/illness and that doesn't cut into your 16 weeks that you should be able to get under DC FMLA after the baby is born?

I work in DC and I asked our HR person this question and he said "you only get 16 weeks" so I'm fighting my doc on going on bedrest.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Take it up with our HR Director and General Counsel. I followed their advice and, apparently, it was correct. OP is still whiny and petulant and I am entitled to my opionion of her just as she is entitled to think that she is the pregnant princess, giving birth to the second coming of a Diety..

They should rename your position "inhuman" resources -- you seem to have a vicious streak.

Ssometimes the truth is not pleasant.

[Anonymous]

15:20, that is correct: in D.C., an eligible employee may take 16 weeks for medical reasons AND 16 weeks for family leave. I believe your HR person is mistaken.

http://www.dcbar.org/for_lawyers/sections/labor_and_employment_law/fmla01.cfm

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Take it up with our HR Director and General Counsel. I followed their advice and, apparently, it was correct. OP is still whiny and petulant and I am entitled to my opionion of her just as she is entitled to think that she is the pregnant princess, giving birth to the second coming of a Diety..

They should rename your position "inhuman" resources -- you seem to have a vicious streak.

Ssometimes the truth is not pleasant.

You are a real grouch. Find a job where you don't need to interact with people.

[Anonymous]

Anonymous wrote:15:20, that is correct: in D.C., an eligible employee may take 16 weeks for medical reasons AND 16 weeks for family leave. I believe your HR person is mistaken.

http://www.dcbar.org/for_lawyers/sections/labor_and_employment_law/fmla01.cfm

I wish I worked in DC...I'm the VA worker who wanted to take some weeks as bed rest, and still take 16 weeks for maternity. Boo.